Western Cape Judge President John Hlophe has withdrawn from the case in which Public Protector Busisiwe Mkhwebane is challenging the constitutionality of Parliament’s impeachment rules.

TimesLIVE notes the Judge President said in a letter to the parties yesterday he was withdrawing, having considered a letter from the DA seeking his recusal last week.

His reason was public statements made by himself and his lawyers.

Hlophe had originally decided he would hear the case scheduled for on 7 June along with Judges Elizabeth Baartman and Mokgoatji Dolamo.

Mkhwebane is challenging the constitutionality of Parliament’s impeachment rules, which have only recently been developed and are to be used for the first time in the impeachment process against her.

The DA brought the motion to impeach Mkhwebane in Parliament and is therefore a party to the case.

On the Friday before the start of the Public Protector’s court case (4 June) the JSC is expected to meet to consider whether Hlophe is guilty of gross misconduct and should himself face impeachment proceedings in Parliament.

This comes after a Judicial Conduct Tribunal found him guilty of gross misconduct, saying he had, in 2008, attempted to influence the outcome of a Constitutional Court judgment in favour of former President Jacob Zuma.

According to the Constitution and the JSC Act, the tribunal’s finding must be confirmed by the JSC before it can be referred to Parliament, and, there is no certainty this will happen on 4 June.

As pointed out in the TimesLIVE report, the JSC in the past taken more than a year to make a decision on tribunal findings.

The report says it is understood Hlophe’s stated reason for withdrawing was not related to the JSC process but to public utterances he has made and that have been made on his behalf by his lawyers.

Full TimesLIVE report

A letter by the DA's attorney to Hlophe said that Hlophe allocating himself to the case was of concern to the party, notes a News24 report.

‘Our client is of the respectful view that it is not permissible or appropriate for the Judge President to hear this matter. This is for the reasons set out below. We have accordingly been instructed to request that the Judge President recuse himself from this matter.’

It continues to state that Hlophe would not bring an impartial mind to bear on the adjudication on the case.

‘Judge President Hlophe has repeatedly engaged in serious criticism of the Democratic Alliance in a series of respects for its conduct regarding his possible removal from office,’ adds the letter.

Full News24 report