The first citizen executed the suspension based on advice from the Judicial Services Commission (JSC) and in terms of the Constitution of South Africa.
The first citizen executed the suspension based on advice from the Judicial Service Commission (JSC) and in terms of the Constitution of South Africa. The first citizen executed the suspension based on advice from the Judicial Services Commission (JSC) and in terms of the Constitution of South Africa.
The suspension of Hlophe, who is accused of gross misconduct while on the bench, is with immediate effect.
“In May 2008, 11 Justices of the Constitutional Court lodged a complaint with the JSC against Judge President Hlophe for his improper attempt to influence the outcome of certain cases pending before the Constitutional Court in favour of former President Jacob Zuma.” “Section 177 (3) of the Constitution provides that the President, on the advice of the JSC, may suspend a judge who is the subject of a procedure in terms of subsection (1) that deals with the removal of a judge who is found guilty of gross misconduct. “The Judicial Conduct Tribunal (JCT) concluded that Judge President Hlophe’s conduct breached the provisions of section 165 of the Constitution by improperly attempting to influence the two Justices of the Constitutional Court to violate their oaths of office. “The President fully appreciated the need to balance Judge President Hlophe’s rights with those of the public and the interest of the judiciary as a whole. “In order to ensure continuity and stability in the work of the divisional high court, the suspension which is in effect immediately, is on condition that Judge President Hlophe completes all part-heard matters and reserved judgments,” the presidency said in a statement. The office said it was based on the advice of the Judicial Services Commission (JSC) and in terms of section 177(3) of the Constitution.
President Cyril Ramaphosa has suspended the Judge President of the Western Cape, Judge John Hlophe, pending a decision to remove him as a sitting judge for ...
“The JCT established that Judge Hlophe’s behavior seriously threatened and interfered with the independence, impartiality, dignity, and effectiveness of the Constitutional Court and further undermined public confidence in the judicial system. Section 177 makes provision for a judge to be removed from the bench for one of three grounds: Incapacity, gross incompetence, or gross misconduct. In May 2008, 11 Justices of the Constitutional Court lodged a complaint with the JSC against Judge President Hlophe for his improper attempt to influence the outcome of certain cases pending before the Constitutional Court in favour of former President Jacob Zuma. “The President fully appreciated the need to balance Judge President Hlophe’s rights with those of the public and the interest of the judiciary as a whole. President Cyril Ramaphosa has suspended the Judge President of the Western Cape, Judge John Hlophe, pending a decision to remove him as a sitting judge for serious misconduct. Judge President John Hlophe was suspended from his position as judge president of the Western Cape high court and as a sitting judge by President Cyril Ramaphosa on Wednesday pending National Assembly proceedings to have him removed as a judge.
President Cyril Ramaphosa has suspended Western Cape Judge President John Hlophe pending a decision from the National Assembly.
John Perlman spoke to Mbekezeli Benjamin, researcher for organisation Judges Matter. Hlophe was suspended for gross misconduct.
We wish that the decision was taken much sooner than now but it is unprecedented for the head of a court to be suspended.Mbekezeli Benjamin, researcher for organisation Judges Matter Hlope was found guilty of gross misconduct by the Judicial Service Commission (JSC)for attempting to improperly influence two constitutional court justices. Benjamin said Hlope travelled from Cape Town to Johannesburg to speak to the judges writing a judgement on an issue involving to former president Jacob Zuma, which amounted to a breach of his duties as a judge and of the constitution. Listen to the audio above for more. He added that it was reasonable for the president to take time and be cautious before making this decision. Benjamin believes the decision to suspend Hlophe was correct and should have been take some time ago as he had been found guilty of misconduct twice. 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John Perlman spoke to Mbekezeli Benjamin, researcher for organisation Judges Matter. Judge President John Hlophe suspended by President Ramaphosa
Judge President Mandlakayise John Hlophe has been suspended by President Cyril Ramaphosa, effective immediately.
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President Cyril Ramaphosa has suspended Western Cape judge president John Hlophe, almost 15 years after all the then justices of the Constitutional Court ...
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Western Cape High Court Judge President John Hlophe was suspended on Wednesday, pending impeachment proceedings against him for gross misconduct.
"Due to the long history and complexity of the matter, President Ramaphosa took time to carefully consider all the permutations of the JSC recommendations, including obtaining guidance from an independent legal opinion. [recommended that a tribunal be established](https://www.news24.com/news24/southafrica/news/hlophe-goliath-could-both-face-gross-misconduct-probe-with-latest-appeal-ruling-20220920) to investigate the allegations against both. [advice of the Judicial Service Commission](https://www.news24.com/news24/southafrica/news/jsc-has-given-the-president-unlawful-advice-to-suspend-me-hlophe-wants-decision-set-aside-20220819) (JSC), whose report Ramaphosa received on 27 July.
The suspension is on the condition that Judge President Hlophe completes all his outstanding cases, but not take on any new ones and in the meantime ...
Much of the delay was due to litigation brought by one or the other of the main parties in the matter.” The suspension was advised by the Judicial Services Commission (JSC), which in July recommended Hlophe be impeached after finding him guilty of gross misconduct. The tribunal consisted of Judge Joop Labuschagne, a retired judge of the Gauteng Division of the High Court; Judge Tati Makgoka, a judge of the Supreme Court of Appeal and Nishani Pather, a practising attorney. A Judicial Conduct Tribunal (JCT) concluded that Judge President Hlophe’s conduct breached the provisions of Section 165 of the Constitution by attempting to influence the two Justices and the outcome of cases before the Constitutional Court in favour of former president Jacob Zuma . There are currently two judges on suspension.” In a letter to Hlophe, Justice and Correctional Services Minister Ronald Lamola said Deputy Judge President Patricia Goliath would be acting judge president for the duration of the suspension.
The organisation Freedom Under Law has welcomed President Cyril Ramaphosa's decision to suspend Western Cape Judge President John Hlophe.
It took almost 15 years, but President Cyril Ramaphosa has finally suspended Judge President John Hlophe. Bongani Bingwa interviews Dr Llewelyn Curlewis, ...
[More from Local](https://www.702.co.za/topic/22/local) [Renting out your home for the festive season? I will have a big problem with a judge presiding who has been declared as not fit and proper to be a judge.Dr Llewelyn Curlewis, Senior Lecturer and law expert - University of Pretoria We know he is not unfamiliar with litigation.Dr Llewelyn Curlewis, Senior Lecturer and law expert - University of Pretoria Bongani Bingwa interviews Dr Llewelyn Curlewis, a law expert from the University of Pretoria. The decision follows a complaint dating back to May 2008 when the Judicial Conduct Tribunal found Hlophe “breached the provisions of Section 165 of the Constitution...'' 'Not fit to be a judge' John Hlophe allowed to complete outstanding cases