The fall, rise, and fall again of John Hlophe in 2024

2024 was a whirlwind for former Western High Court Judge President John Hlophe with the now uMkhonto weSizwe (MK) Party deputy president rising from the ashes, only to slip into his, as coined by Advocate Dali Mpofu, “grave” again.

Nearly two months into the year, Hlophe saw the sword fall on him as he was impeached as a judge by Parliament, putting a 15-year-long battle to bed.

The beginning of John Hlophe’s fall

It all started in 2008 when two justices of the Constitutional Court (ConCourt) complained to the Judicial Service Commission (JSC) that Hlophe had sought to influence the outcome of a judgment involving former president Jacob Zuma.

At the time, Zuma, who was the president of the African National Congress (ANC), was seeking to overturn warrants used to seize 93 000 pages of corruption trial evidence against him.

The matter related to the validity of searches during the arms deal investigation of Zuma and French arms company, Thales.

ALSO READ: JSC legal battle: Mpofu says DA wants to condemn Hlophe ‘for life beyond the grave’

Hlophe was placed on special leave in May 2008 and returned to work in September 2009 after being cleared of wrongdoing by the JSC.

In 2011, then Western Cape premier Helen Zille successfully challenged the JSC’s decision in the Supreme Court of Appeal (SCA) after winning the case in the high court.

Both courts ruled in Zille’s favour, invalidating the JSC’s decision to exonerate Hlophe.

With the 2009 ruling set aside, the JSC again faced a complaint against Hlophe.

However, the matter was delayed, partly due to ongoing legal proceedings.

John Hlophe impeached as judge

In April 2021, a Judicial Conduct Tribunal found that Hlophe had committed gross and impeachable misconduct by attempting to improperly influence Justices Bess Nkabinde and Chris Jafta.

The JSC upheld the tribunal’s findings in August 2021 and recommended to Parliament that Hlophe be impeached.

While Hlophe attempted to fight for himself in the courts, the JSC recommended in July 2022 that the former judge be suspended from office, pending impeachment proceedings.

READ MORE: MK party slams case challenging Hlophe’s JSC appointment as ‘frivolous’

President Cyril Ramaphosa implemented the suspension months later in December.

The National Assembly adopted a resolution to impeach Hlophe in February this year, despite further challenges.

Hlophe’s fall from grace was cemented the following month when Ramaphosa officially removed him from the bench.

Hlophe makes a comeback

Hlophe, however, made a surprising return to the spotlight.

With Zuma barred from returning to Parliament as a representative of the MK party, Hlophe was handpicked by the former president to lead the new political formation in the National Assembly.

Following the national and provincial elections on 29 May, the MK party secured 58 seats, becoming the country’s third-largest political party.

Hlophe was officially sworn in at the Good Hope Chamber in Cape Town on 25 June.

ALSO READ: National Assembly accused of ‘passing the buck’ to MK party over Hlophe’s JSC appointment

In an interview following the swearing-in ceremony, Hlophe, in his usual composed manner, dismissed the title of “judge”, insisting instead on being addressed as “Dr. Hlophe” in recognition of his PhD in law.

His transition into politics marked a new and intriguing chapter in his career.

One could almost envision the headline: “From Impeached Judge to MP with a R1.5 Million Annual Salary”.

It seemed like a clapback to those who orchestrated his removal, which essentially resulted in Hlophe losing his benefits and pension.

JSC designation

Everything was going well until the MK party nominated Hlophe for a seat in the JSC.

The former judge’s designation to the commission was made official on 9 July.

According to the Constitution, the National Assembly must designate six MPs to represent it on the JSC.

While the National Assembly’s rules do not prevent an impeached judge from being appointed as a JSC commissioner, the move faced widespread criticism.

Some argued that the decision was irrational, as the JSC is responsible for appointing judges and overseeing their ethical and professional conduct in South Africa.

READ MORE: MK Party calls decision to bar John Hlophe from JSC a ‘lynching’

In September, the Democratic Alliance (DA) and Corruption Watch challenged it in the Western Cape High Court.

The applicants sought an interdict to prevent Hlophe from participating in the judge interviews scheduled by the JSC between 7 and 16 October.

An interim order was granted, temporarily barring Hlophe from participating pending the outcome of a review aimed at overturning Parliament’s decision to appoint him to the JSC.

Bye bye Hlophe

While the MK party filed several court challenges, Hlophe ultimately withdrew from the JSC on the same day the interviews began.

Although he will retain his R1.5 million salary as the leader of the opposition in Parliament, his resignation from the JSC marked a final nail in the coffin and buried any possibility of his involvement – whether genuine or otherwise – in the judiciary.

Hlophe has since vowed to “bounce back with a bang”.

NOW READ: Judicial Service Commission says not informed of Hlophe’s withdrawal