The Judicial Service Commission (JSC) has resolved to recommend to President Cyril Ramaphosa he suspend Judge President John Hlophe, pending a vote by the National Assembly on whether he should be impeached.

In a statement released late on Monday, the JSC said it had "deliberated and resolved to advise the president to suspend Judge President Hlophe in terms of Section 177[3] of the Constitution".  

"This is following the decision of the JSC on 25 August 2021 made in terms of Section 20 [3] of the Judicial Service Commission Act 9 of 1994 that Judge President Hlophe is guilty of gross misconduct." 

Several weeks ago, Hlophe was granted the right to appeal a High Court ruling that endorsed the legality of the JSC investigation and vote, which led to him facing impeachment.

While finding Hlophe's leave to appeal application lacked merit, a full bench of the Gauteng High Court in Johannesburg nonetheless granted it, on the basis it "raised matters of significant public importance" - primarily because Hlophe may become the first judge in South African history to be removed from office. 

Now, following a virtual meeting, the JSC has voted in favour of recommending to Ramaphosa that Hlophe should be suspended under the provisions of Section 177(3) of the Constitution.

Hlophe previously launched an urgent bid to block his possible suspension by Ramaphosa, pending his later unsuccessful challenge to the JSC process that resulted in him being found guilty of alleged gross misconduct for attempting to sway two Constitutional Court justices to rule in favour of then-ANC president Jacob Zuma in 2008.

Zuma was, at the time, challenging the legality of warrants used by the later disbanded Scorpions to seize 93 000 pages of corruption trial evidence against him. Had Zuma succeeded in that case, which he did not, the State's Arms Deal corruption prosecution against him would have been significantly damaged.

Evidence led at the JSC Tribunal tasked with investigating Hlophe revealed he had told justices Bess Nkabinde and Chris Jafta, among other things, Zuma was being persecuted just as he (Hlophe) had been persecuted.

He told both justices he believed the Supreme Court of Appeal, which upheld the legality of the warrants in a majority ruling, had "got it wrong".

Ultimately, the Tribunal found Hlophe had embarked on a premeditated campaign to influence Jafta and Nkabinde in their evaluation of Zuma's case, including telling Nkabinde there was no case against Zuma and people would lose their jobs when he became president.

It recommended Hlophe should face impeachment, paving the way for the JSC to recommend he be suspended.

But, in response to Hlophe's attempt to block his possible suspension (on the back of the gross misconduct finding made against him), the JSC indicated it would not recommend to Ramaphosa the judge president be suspended.

Hlophe then dropped the case.

Now, after the full bench of the Gauteng High Court in Johannesburg largely eviscerated Hlophe's various attacks on the gross misconduct investigation against him and JSC's endorsement of it (and with many of his most fervent supporters no longer serving as members of the commission), the JSC position on Hlophe's suspension has shifted.