Parliament still to set a date for Hlophe’s impeachment, but ConCourt application could halt his removal

Freedom Under Law (FUL) is pushing the National Assembly to set a date for the impeachment vote against suspended judges John Hlophe and Nkola Motata, but Hlophe's removal is likely to be halted by his application to the Constitutional Court to declare the motion unlawful.

In a letter sent this week through lawyer Vlad Movshovich, FUL said there was an “inordinate and unacceptable delay” in finalising the matter, despite the two judges being found guilty of gross misconduct of “the gravest kind”.

“Our client thus respectfully requests the speaker and the committee chair to schedule these votes without any further delay and communicate the scheduling as a matter of urgency,” said Movshovich in a letter to parliament's portfolio committee on justice and correctional services and National Assembly speaker Nosiviwe Mapisa-Nqakula.

Responding on Thursday afternoon, the secretary of the National Assembly, Masibulele Xaso, said the reports on the judicial officers were adopted in November. 

Xaso said they were published in the announcements, tablings and committee reports document on December 6 last year, when the last National Assembly sitting was held.

“The National Assembly programme committee — the structure responsible for the programme of the house — will convene on February 1 to discuss the scheduling of business for the forthcoming period, including this matter,” Xaso said.

But the vote against Hlophe could come to a halt should the Constitutional Court grant an application made on December 18, requesting the apex court to set aside and declare unlawful the steps taken by the National Assembly against him. Hlophe said in the application that his removal, as recommended by the Judicial Service Commission, was without constitutional precedent.

Hlophe further stated that the National Assembly should first hear his case and consider his evidence before relying on the JSC.

Hlophe's attorney, Barnabas Xulu, told TimesLIVE that the Constitutional Court was yet to rule on Hlophe's application as it had only recently started distributing the motion to all parties involved. He said until the court takes a decision, no voting against Hlophe can happen.

“Every political party in parliament has to be served, and I think that process was finalised this week. However, the vote cannot continue. It would be unbecoming of parliament when they know there is a matter pending against them in court.”

Should parliament continue to proceed with the vote, this will be halted once the Constitutional Court hands Hlophe and his legal team a case number.

“We will ask the National Assembly to give us an undertaking that they are not going to proceed with the impeachment vote pending the outcome,” Xulu said.

TimesLIVE