Hlophe’s bid for direct access to ConCourt over impeachment fails

Dr John Hlophe’s January 2024 bid for direct access to the Constitutional Court, which at the time challenged his possible impeachment, has failed.

The now-impeached Judge President of the Western Cape High Court turned to the Constitutional Court earlier this year for direct access ahead of the National Assembly vote on his impeachment.

The apex court issued an order on Tuesday that found that Hlophe’s application does not engage the court’s exclusive jurisdiction and that no case has been made out for direct access.

Dr Hlophe asked the court, among other things, to order that it was unconstitutional for Parliament not to develop rules for the impeachment of judges. He also wanted the ConCourt to order Parliament to develop rules for judicial impeachment, which must include a full inquiry that must have an evidence leader, witnesses, and the judge to make his submissions.

In February 2024, the National Assembly vote went ahead after the filing with 305 MPs voting in favour of his impeachment.

JUST IN: Dr. John Hlophe’s Jan 2024 bid for direct access in the ConCourt fails. Hlophe – at the time – sought to challenge his possible impeachment ahead of the NA Vote. The NA vote went ahead in Feb with with 305 MPs voting in favour of his impeachment #SABCNews pic.twitter.com/J1zXCHCOHT

— Canny Maphanga (@CannyMaphanga) August 20, 2024