Cape Town - Under-Fire President Cyril Ramaphosa’s decision to suspend Western Cape High Court Judge President John Hlophe days before the ANC’s elective conference has raised suspicions that he may be anticipating a court challenge in that court over the Farmgate scandal.
“Furthermore Ramaphosa’s suspension of Judge Hlophe is clouded by reasonable suspicion that there may be a conflict of interest, in the same way his suspension of Public Protector Busisiwe Mkhwebane was biased and conflicted. Ramaphosa’s suspension of Judge Hlophe is characterised by an attitude of retaliation because it was the Western Cape High Court which found that Ramaphosa’s suspension of Mkhwebane was unlawful and based on bias, because she decided to probe allegations surrounding Phala Phala farm,” said the EFF.
Judge Hlophe is expected to be hauled before impeachment proceedings next year following his suspension.
Ramaphosa, who himself escaped impeachment on Tuesday over his Phala Phala woes, had on the advice of the Judicial Services Commission (JSC) decided to suspend Judge Hlophe from his duties pending a decision by the National Assembly, as contemplated in section 177 of the Constitution.
His suspension was immediately on condition that he completes all part-heard matters and reserved judgments “in order to ensure continuity and stability in the work of the divisional high court”, said the Presidency.
Hlophe’s deputy Patricia Goliath is expected to take over.
“President Ramaphosa received the JSC report on July 27 2022. 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.
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.
“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 JCT established that Judge Hlophe’s behaviour seriously threatened and interfered with the independence, impartiality, dignity and effectiveness of the Constitutional Court and further undermined public confidence in the judicial system.
The JSC has referred the matter to parliament for the National Assembly to institute impeachment proceedings against Judge President Hlophe,” said the presidency.
The Judicial Conduct Committee, in a letter, had advised Judge Hlophe that a virtual meeting was set for January 26 next year with the JSC to consider the impeachment recommendation by the committee.
In May 2008, 11 Justices of the Constitutional Court lodged a complaint with the JSC against Judge Hlophe over what they described as an improper attempt to influence the outcome of certain cases pending before the Constitutional Court in favour of former President Jacob Zuma.
Judge Hlophe’s legal team led by Barnabas Xulu SC, had not responded by deadline.
Opposition parties were divided on Hlophe’s suspension with the EFF saying the need to remove Ramaphosa as a president was urgent and failure to do so will result in this country losing respected and qualified black intellectuals, professionals and jurists in his quest to surrender South Africa to his handlers.
The party said Ramaphosa’s latest move was “callous and politically inspired”.
“It is ironic because Ramaphosa himself refuses to step aside or resign in the face of allegations of violating the Constitution...Ramaphosa has no moral authority to determine whose alleged misconduct warrants suspension or removal from office, while he has disgraced South Africa in the international community.”
ATM’s Vuyo Zungula said it was disingenuous to say that Ramaphosa’s decision was based on a JSC recommendation.
“This after the suspension of Mkhwebane was found to be unlawful and irrational, which was also a decision of President Ramaphosa. It is under this banner that we will always be suspicious of his actions and suspensions made.
We believe this decision was made in light of court cases that are set to be heard at the Western Cape High Court and he is removing anyone who is bold enough to take a stand against him.
“His intentions with the suspension are not in the best interests as he is protecting himself.
He is attempting to exempt himself from scrutiny,” said Zungula.
The DA however welcomed the suspension, saying it was “overdue”.
DA’s spokesperson on Justice and Constitutional Development, Glynnis Breytenbach, said the “decision to suspend Hlophe will help restore credibility to the Western Cape Division of the High Court.”
Cape Times