Cape Town - President Cyril Ramaphosa has been urged to take a decision on the recommendation to suspend Judge President John Hlophe to safeguard the integrity of the judiciary.
The Judicial Services Commission (JSC) took a decision earlier this week to recommend to Ramaphosa to suspend Hlophe after he was found guilty of gross misconduct.
Researcher and advocacy officer of Judges Matter, Zikhona Ndlebe said even though the decision came 13 years after a complaint by all justices of the Constitutional Court on the alleged gross misconduct was brought before the JSC, it was still not late to ask for his suspension.
"I think the JSC should have taken such a decision a long time ago when it confirmed the Judicial Conduct Tribunal's findings that Hlophe was guilty of gross misconduct.
Ndlebe said Hlophe’s case had been a “deep concern” for the judiciary as it had taken very long to be resolved and was still not brought to closure.
“Such matters need to be dealt with expeditiously. It's concerning that it was not dealt with sooner because it has an impact on the integrity of the judiciary,” said Ndlebe.
She said it was now up to Ramaphosa to make a decision.
“The JSC is absolutely correct in recommending the suspension of Judge Hlophe to the president (Ramaphosa). The suspension can happen and perhaps should happen to protect the integrity of the judiciary,” said Ndlebe.
She added that the matter had put the integrity of the judiciary under the spotlight in a “bad way”.
“Our judiciary cannot afford that because it holds others in the country accountable. It plays a vital role in the functioning of our country so it's not an ideal situation for the judiciary to be put under a spotlight in such a negative way,” said Ndlebe.
According to Ndlebe, in terms of Section 177(3) of the Constitution, Ramaphosa had the discretion to decide whether or not to suspend Hlophe.
In 2021, Hlophe was found guilty by a tribunal that he had sought to influence the outcome of a matter relating to former president Jacob Zuma’s corruption charges in an arms deal case.
The finding was later confirmed by the JSC.
Hlophe has lodged an application with the Supreme Court of Appeal for leave to appeal the gross misconduct finding after the Gauteng High Court also confirmed it.
Observers said Hlophe was facing the most tough position in his career which spanned several decades since he was appointed the first black judge of the Western Cape in 1995.
Should the president decide to suspend Hlophe an acting Judge President would have to be appointed.
“If Hlophe is suspended, the process would perhaps be for Deputy Judge President Patricia Goliath to take over the responsibilities as acting Judge President,” explained Ndlebe.
Hlophe would not be the first judge to be suspended by Ramaphosa.
In 2020, the JSC asked Ramaphosa to suspend Western Cape High Court judge Mushtak Parker and Gauteng High Court judge Annah Makhubele for alleged misconduct related to various issues.
However, Hlophe also faces the possibility of impeachment as the National Assembly was still looking into the matter.
Ndlebe said the only way the impeachment would not take place was if the SCA overturned the decision that confirmed the gross misconduct findings of the JSC Tribunal.
“The impeachment should happen. But when it will do so, we cannot say at this point.
“If Judge Hlophe is impeached then an appointment process of a new Judge President for Western Cape would have to be followed.
“A nomination process of possible candidates will take place, followed by a shortlisting process and interviews of candidates by the JSC,” she said.
The Western Cape Division of the High Court was previously rocked by serious challenges including complaints against Judge Hlope by Goliath and counter complaints by Hlophe against Goliath.
Presidency spokesperson, Vincent Mangwenya previously said that the president was applying his mind to the JSC’s recommendations.
Earlier this week, Hlophe’s lawyer Barnabas Xulu wrote to the JSC to ask that they provide reasons as to why they did not allow oral arguments at its Monday meeting where it resolved to recommend his suspension.
Xulu has given the commission until Wednesday to respond.
Weekend Argus