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High court amended the constitution: Hlophe comes out firing

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High court amended the constitution: Hlophe comes out firing

Judge president says the high court misdirected itself and made material errors of law and fact in its judgment

Franny Rabkin

The Gauteng high court had “essentially” amended the constitution when it found the Judicial Service Commission (JSC) had been properly constituted to decide that Western Cape judge president John Hlophe was guilty of gross misconduct, Hlophe says in court papers.

The Western Cape judge president last week filed his application for leave to appeal against the Gauteng high court full bench decision that found nothing amiss about the JSC’s decision to find Hlophe guilty of gross misconduct — clearing the way for an impeachment process by parliament.

The finding related to a 2008 complaint, by all the then-justices of the Constitutional Court, that Hlophe had sought to influence the outcome of cases then pending before their court that related to corruption charges against former president Jacob Zuma. In August last year, the JSC by majority found Hlophe guilty and referred its finding to parliament. Hlophe went to court to challenge the decision...

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