‘Hands off Hlophe’, say activists and lawyers

A group of lawyers and advocates have signed a petition calling on President Cyril Ramaphosa not to suspend Western Cape Judge President John Hlophe.

The group, which calls itself Project 27, said Hlophe’s suspension would fall in the face of injustice as his appeal against a finding of gross misconduct was still before the Supreme Court of Appeal (SCA).

Spokesperson for Project 27, advocate Fairuz Seria said the group viewed calls for Hlophe’s suspension as “persecution” as he was still a litigant.

“Judge Hlophe has been on the bench for 27 years and has brought transformation in the judiciary in the province,” said Seria.

Seria was speaking at the launch of the #JusticeForHlophe campaign, spearheaded by the Black People’s National Crisis Committee (BPNCC).

She said a signature campaign was under way and all signatures collected by Thursday would be handed to Parliaments in support of their call to Ramaphosa.

Last month the Judicial Services Commission (JSC) recommended to Ramaphosa to suspend Hlophe despite his appeal to the SCA.

Hlophe also faces the possibility of impeachment as the National Assembly is still looking into the matter.

In 2021Hlophe was found guilty by a tribunal that he had sought to influence the outcome of a matter relating to former president Jacob Zuma’s corruption charges in an arms deal case.

The finding was later confirmed by the JSC.

Hlophe lodged an application with the SCA for leave to appeal the gross misconduct finding after the Gauteng High Court also confirmed it.

The Black Lawyers’ Association (BLA) also pledged its support to Hlophe, saying he faced “criticism and ridicule” for the wrong reasons.

“As lawyers in the Western Cape we know our judge president as having diligently reached out to student chapters, candidates who were to be admitted to the profession and young practitioners to equip them for practice.

“As a black legal practitioner, one not only faces the stress that comes with the job, but also the colonial history. And this is what the case is about,” said BLA’s advocate André Paries.

He appealed to Ramaphosa to allow the legal appeal process to run its course and not to remove Hlophe from the seat.

The BPNCC, which described itself as a civic lobbying movement that sought to promote and protect political interests of black people, launched a scathing attack on some political parties and organisations allegedly behind the “political attack” on Hlophe.

The committee's national convener, Chumani Maxwele, labelled previous calls by the DA and Freedom Under Law for Hlophe's suspension as a “well-coordinated political agenda”.

In a statement issued last month the DA noted that former premier Helen Zille, started a process 12 years ago when the JSC “inexplicably” dismissed the charges against Hlophe.

Freedom Under Law’s also noted that it had over the years also “kept up the pressure” against Hlophe.

Maxwele said: “We can no longer treat the allegations against Hlophe as only matters of legal conduct, but as a political campaign.”

Maxwele said no allegation had been made that the continued service by Hlophe, pending the court’s decision, would bring the judiciary and the profession into disrepute or impact negatively on the workings of the high court.

“Any intended move to suspend Hlophe undermines the appeal review mechanisms available to litigants,” said Maxwele.

Spokesperson for the president, Vincent Magwenya said Ramaphosa was still “applying his mind” on the matter.

“Once a decision has been made an announcement will follow,” he said.

Parliament’s spokesperson, Moloto Mothapo, said the Hlophe matter was still before the National Assembly committee on justice.

• Where to now for Hlophe?