ATM threatens legal action against Ramaphosa should he decide to suspend Hlophe

The African Transformation Movement (ATM) has given President Cyril Ramaphosa until end of Friday to provide the party with an undertaking that he will not suspend Western Cape Judge President John Hlophe.

The Judicial Service Commission (JSC) on Monday recommended the suspension of Hlophe.

“At its meeting on Monday, the JSC constituted without members designated by the National Assembly and National Council of Provinces [NCOP], deliberated and resolved to advise the President to suspend Judge President Hlophe in terms of section 177 (3) of the Constitution.

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“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,” the commission said in a statement on Monday night.

The JSC’s decision comes after the Johannesburg High Court in May dismissed Hlophe’s review application, which sought to have the commission’s gross misconduct findings against him set aside.

Hlophe’s application to appeal the court’s ruling is before the SCA, according to the ATM.

The party has demanded that Ramaphosa not act against Hlophe before the decision of the SCA.

“Our client is of the view that the JSC’s decision was riddled with procedural and substantive errors which render it null and void,” said the ATM’s lawyers in a letter.

“Hlophe made comprehensive written representations to the JSC prior to the JSC taking its decision. The representations requested inter alia that the JSC to allow Hlphe’s legal representatives to make oral submissions in the meeting of the JSC due to the complexity of the issues involved in the matter.

“Our client would accordingly appreciate the president’s undertaking not to suspend Hlophe or take any actions in respect of the JSC’s recommendations pending the court’s decision in the a foregoing application, by no later than the close of business on Friday, failing which we hold instructions to approach the court for an interdict on an urgent basis thereunder.”

Gross misconduct

This matter stems from the JSC’s August 2021 findings.

At the time, the JSC found that Hlophe had improperly tried to cajole two Constitutional Court (ConCourt) justices to violate their oaths of office by ruling in favour of former president Jacob Zuma.

The matter related to the validity of searches during the arms deal investigation of Zuma and French arms company Thales’ local subsidiary, Thint, in 2008.

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The commission concluded that Hlophe was guilty of gross misconduct based on the Judicial Conduct Tribunal’s findings.