Rédaction Africa Links 24 with Marianne Thamm
Published on 2024-02-21 11:13:34
The urgent application filed by Hlophe, the former Judge President of the Western Cape, and the drunk-driving judge Nkola Motata to halt proceedings was dismissed by Potterill as a self-created emergency at the Western Cape High Court on Wednesday.
Hlophe had previously headed the division, which is why Potterill heard the matter filed by Hlophe and Motata last week. Parliament stated that it was ready to proceed with the vote as current laws allowed for this to happen.
Potterill expressed her opinion that Hlophe’s decision to file the action the day before the National Assembly was scheduled to vote “is exactly bringing an action upon the hour of reckoning.” She noted that if Hlophe had wanted to avoid legislation, as he alleged, it was “conspicuously absent” that he sought an undertaking from Parliament not to proceed with the vote pending his Constitutional Court case.
In November, the Portfolio Committee on Justice and Correctional Services adopted a report by the Judicial Service Commission recommending Hlophe’s removal. Following this, the disgraced judge requested the apex court to declare the committee’s process unconstitutional.
Potterill highlighted that Hlophe was not an ordinary litigant and had heard “urgent matters and knows the practices and laws.” She described his application as “manifestly unreasonable and self-created.”
Potterill’s decision was made just hours before the National Assembly was due to vote on Hlophe and Motata’s impeachment at 4pm on Wednesday, following Finance Minister Enoch Godongwana’s Budget speech. The ANC and DA were set to support both judges’ removal, while the EFF was not.
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As the former Judge President of the Western Cape and a drunk-driving judge sought to halt proceedings, the application was denied by Potterill at the Western Cape High Court. The decision was made just hours before the National Assembly was scheduled to vote on the impeachment of both judges. The ANC and DA supported the removal of the judges, while the EFF did not.
Hlophe had previously headed the division, and Potterill heard the matter filed by Hlophe and Motata. Parliament indicated it was ready to proceed with the vote as current laws enabled this. Potterill opined that Hlophe’s decision to file the action the day before the National Assembly was due to vote was unreasonable.
In November, the Portfolio Committee on Justice and Correctional Services adopted a report by the Judicial Service Commission recommending Hlophe’s removal, after which the disgraced judge had requested the apex court to declare the committee’s process unconstitutional.
Potterill highlighted that Hlophe was not an ordinary litigant and described his application as “manifestly unreasonable and self-created.”
The image icon from the Daily Maverick accompanies the content.
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