Hlophe drops bid to block impeachment, judge slams his request that Gauteng judges must not hear the case

22nd September 2021 By: News24Wire

 Hlophe drops bid to block impeachment, judge slams his request that Gauteng judges must not hear the case

Western Cape Judge President John Hlophe

Western Cape Judge President John Hlophe has abandoned part A of the urgent application he sought to stay his possible suspension by President Cyril Ramaphosa.

The matter was heard before high court Judge Roland Sutherland on Wednesday morning.

This followed the decision by the Judicial Service Commission (JSC), which voted for Hlophe to face impeachment after a tribunal found him guilty of gross misconduct.

Hlophe's counsel said in relation to Part A that  there has been an "exchange of a draft order between Judicial Service Commission and the applicant which draft posits hat matter would be removed from roll in relation to part A.

However, Sutherland said in papers before the court that  it is "demonstrable that the application against the President was premature and the urgency in the application against the Speaker and there is no relief sought against the minister of justice or the JSC. So part A is abandoned. It's done."

There was no order regarding costs. 

Surtherland also slammed  Hlophe for saying he does not want any judges from the Gauteng High Court division to hear his case. 

Hlophe's attorney, Barnabas Xulu, had earlier explained in a letter to the JSC that he believed Gauteng Judge President Dunstan Mlambo might be biased against him. 

However, Sutherland said it was the responsibility of the Gauteng division to hear the matter.

"Do you think all the members of the Gauteng division constitutes a swoon of minions who are enthralled with the judge president and who go about sucking up to him on each and everything that he has a whim about?" Sutherland asked Hlophe's lawyer. 

"I can put to you now there seems to be no merit on any grounds for inviting a member of another division to come and hear this matter. It's the responsibility of this division to hear this matter," said Sutherland.