Suspended Western Cape Judge President John Hlophe could become the first democratic-era judge to be removed from office, if Parliament’s impeachment process is successful.

Hlophe had been found guilty of gross misconduct by the Judicial Service Commission, after which the Portfolio Committee on Justice and Correctional Services recommended Hlophe’s dismissal.

In 2021, Hlophe was found guilty of trying to influence the Constitutional Court’s judgment in a matter involving former President Jacob Zuma.

Hlophe has approached the Western Cape High Court to have Wednesday’s impeachment process stopped, pending an application he made to the Constitutional Court in which he says the National Assembly (NA) failed in its constitutional duty to pass rules for the impeachment or removal of judges.

Parliament is also opposing Hlophe’s Constitutional Court application.  

Parliament on Wednesday welcomed the court’s decision to strike the urgent interdict off the roll and said the NA was vindicated.

“The court further confirmed that it would be undesirable to stop a constitutional process and interfere with the NA processes in these circumstances. The court also confirmed that Judge Hlophe’s application did not meet the requirements of an urgent interdict and that as someone who is not an ordinary litigant and who has presided over many urgent applications in his career, understands the legal requirements to be met for an urgent interdict,” Parliament said.