Hlophe to appeal failed bid to set aside gross misconduct findings

Western Cape judge president John Hlophe will appeal a high court decision not to set aside gross misconduct findings against him.

His lawyer Barnabas Xulu on Friday said Hlophe had given instructions to appeal the decision.

“Our client, the judge president of the Western Cape John Hlophe, along with his legal team, has read the judgment and accompanying media statement dated May 5 2022.

“The judgment does not reflect the established jurisprudence on the constitutional and legal issues raised by the parties and the public is entitled to a judgment that accurately interprets the law, faithfully adheres to the established constitutional principles including judicial precedence and the correct approach to interpreting the constitution.

“This case is important for the public’s confidence in the judiciary and the rule of law and we have received instructions to take the matter on appeal,” he said.

The high court rejected Hlophe's bid, saying the judge president’s particularly narrow interpretation of the constitution would leave the Judicial Service Commission (JSC) paralysed to “ensure his own immunity”. 

Hlophe challenged the JSC decision that found him guilty of gross misconduct, confirming the finding of an earlier judicial conduct tribunal. In August the JSC referred him to parliament for possible impeachment.

The gross misconduct finding related to a 2008 complaint by all the then justices of the Constitutional Court that Hlophe had sought to improperly influence the outcome of pending cases related to corruption charges against former president Jacob Zuma.

TimesLIVE