Democratic Alliance v Hlophe and Others (16170/2024 ; 16771/2024 ; 16463/2024) [2024] ZAWCHC 282; 2025 (1) SA 169 (WCC) (27 September 2024)
Court
Western Cape High Court, Cape Town
Case number
16170/2024 ; 16771/2024 ; 16463/2024
Judges
Baqwa, Daffue, Collis
The court found that the National Assembly failed to properly exercise its discretion in designating Dr Hlophe to the Judicial Service Commission, instead following a convention that did not allow for genuine deliberation or consideration of relevant factors. The designation of an impeached judge to the JSC is incompatible with the constitutional obligation to protect the independence, dignity, and effectiveness of the courts. The applicants established a strong prima facie case for review, a reasonable apprehension of irreparable harm to the legitimacy of the JSC, and satisfied the requireme…
Hlophe v Premier of the Western Cape Province, Hlophe v Freedom Under Law and Other (CCT 41/11, CCT 46/11) [2012] ZACC 4; 2012 (6) SA 13 (CC); 2012 (6) BCLR 567 (CC) (30 March 2012)
Court
Constitutional Court
Case number
CCT 41/11, CCT 46/11
Judges
Mogoeng, Cameron, Froneman, Khampepe, Skweyiya, van der Westhuizen, Yacoob, Zondo
The Constitutional Court held that section 175(1) of the Constitution does not permit the appointment of acting judges to the Constitutional Court in cases where judges recuse themselves from specific matters; the provision applies only to vacancies or physical absences. Recusal does not constitute absence for the purposes of section 175(1), as recused judges continue to perform their other judicial duties. The Court further found that, although the parties consented to conflicted judges sitting, the interests of justice and the need to preserve the fairness of the Court's processes required…
Acting Chairperson: Judicial Service Commission and Others v Premier of the Western Cape Province (537/10) [2011] ZASCA 53; 2011 (3) SA 538 (SCA); [2011] 3 All SA 459 (SCA) (31 March 2011)
Court
Supreme Court of Appeal
Case number
537/10
Judges
HARMS DP, CLOETE JA, LEWIS JA, PONNAN JA, MAJIEDT JA
The Supreme Court of Appeal held that the Premier of the Western Cape Province was entitled to participate in the Judicial Service Commission proceedings concerning complaints against the Judge President of the Western Cape High Court, as these were matters relating to a specific high court in her province. The JSC was not properly constituted because the Premier was not notified and absent, and the decisions taken were not supported by a majority of all members entitled to be present, as required by section 178(6) of the Constitution. The relief granted by the court a quo, declaring the JSC'…
Premier of the Western Cape Province v Acting Chairperson: Judicial Service Commission and Others (25467/2009) [2010] ZAWCHC 80; 2010 (8) BCLR 823 (WCC) (31 March 2010)
Court
Western Cape High Court, Cape Town
Case number
25467/2009
Judges
RJW Jones, S Ebrahim
The court held that section 178(1)(k) of the Constitution clearly entitles the Premier of a province to participate as a member of the Judicial Service Commission when it considers matters relating to the composition of the High Court of that province, including proceedings concerning judicial misconduct that may result in the removal of a judge. The JSC's exclusion of the Premier from its proceedings was a procedural irregularity rendering those proceedings unconstitutional and invalid. Furthermore, the JSC was not properly constituted due to the absence of required members, and its decision…
