Western Cape Judge President John Hlophe has been given until 15 November to make written representation to Parliament on why he should not be impeached as a judge.

A Cape Times report says the Justice & Correctional Services Portfolio Committee took the decision yesterday, after it received a briefing from Parliament’s Legal Services on issues Hlophe had raised in a letter to the committee.

In the letter, Hlophe’s legal representative, Barnabas Xulu, said the 2021 JSC decision of gross misconduct against the judge was still subject to a court challenge on appeal.

‘While the High Court dismissed the review application, it nevertheless granted leave to appeal to the SCA,’ he said, adding Hlophe’s appeal had not yet been heard by the SCA.

‘The law must be allowed to take its course to an appeal process which was granted by the High Court.’

According to Xulu, the delay in the SCA appeal was due to the Department of Justice ceasing to cover his legal costs without notice. He noted that the parties involved in litigation against Hlophe were all funded by either the state or private donors.

‘The JSC/state has even failed to cover the costs of the court record which is required to be placed before the SCA. The SCA cannot attend to the appeal without the record of the court below,’ he said.

Xulu added that there was further pending litigation in the Gauteng High Court over the issue of legal funding regarding court cases involving Hlophe.

In his letter, Hlophe raised issues previously dealt with by the JSC and the courts, including the (alleged) irrational behaviour of the JSC as indicative of undue influence, adds the Cape Times report.

Xulu said Hlophe would welcome a parliamentary inquiry into the serious issues highlighted in his letter concerning public statements made to unduly influence the workings of the JSC and frustrate the administration of justice.

‘Such an inquiry would be in the public interest,’ he said.

Briefing the committee, parliamentary legal adviser Barbara Loots told MPs that Hlophe had filed an appeal against the judgment of the High Court, and that the JSC decision was not set aside.

‘There is no interdict against Parliament not to continue with its process,’ Loots said.

She noted the dispute between Hlophe and the State Attorney was not a matter that concerned the Portfolio Committee. Loots added that issues raised by Hlophe – such as undue influence, political motive allegations and irrational behaviour – were raised in litigation without success.

‘The High Court already indicated that the JCT (Judicial Conduct Tribunal) and JSC acted rationally in the exercise of its duties.’

According to the report, the committee unanimously agreed to grant Hlophe until 15 November to make representation – just as it had given an extension to retired Judge Nkola Motata.

It also agreed not to open the impeachment process to public participation.

Die Burger reports the Portfolio Committee rejected Hlophe’s contention that the parliamentary process cannot proceed while he is pursuing an appeal in the courts.

Hlophe’s letter to the Portfolio Committee said impeachment proceedings are ‘not ripe’ due to the appeal.

However, Loots told MPs there is nothing in law preventing Parliament from proceeding.

Full Cape Times report

Full report in Die Burger (subscription needed)

See also full News24 report