John Hlophe – South Africa’s impeached judge and MK’s parliamentary leader

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Some critics saw Mr Zuma’s decision to appoint him as MK’s parliamentary leader as returning a political favour.

His impeachment in February ended a long-running saga that started in 2008 when two judges of South Africa’s highest court sent shockwaves through legal and political circles by accusing him of trying to improperly influence them to rule in favour of Mr Zuma in a corruption-related case that the controversial politician was fighting at the time.

Dr Hlophe denied the charges, with Mr Xulu telling the BBC that he simply had a “casual conversation” with the two judges about “legal principles” in what was a “novel” case – something that judges often do among themselves.

Mr Xulu said that with the state no longer prepared to pay his legal bills, Dr Hlophe decided to drop the battle to clear his name in favour of a career in politics, joining MK as it was his “ideal” political home.

“He was not going to sit at home and be idle,” Mr Xulu said.

“He’ll continue the fight for justice and transformation in a different platform, the National Assembly, where he will have more freedom, more protection,” Mr Xulu added.

Dr Hlophe’s impeachment marked a sad end to his judicial career, as he was once among the cream of South Africa’s judges, or, as constitutional law expert Narnia Bohler-Muller put it in The Conversation magazine, he was “both brilliant and controversial, on and off the bench”, external.

At the age of 35, in 1995, just a year after the end of apartheid, he made history by becoming the first back judge in South Africa’s Western Cape province, and five years later its Judge President.

But his leadership there was turbulent, as he accused some of his colleagues of treating him as a “legal non-entity” and undermining him because he was black. He faced counter-claims of being verbally abusive and even assaulting a judge, which he dismissed as a malicious allegation based on rumour and gossip, external.

He was also embroiled in numerous other controversies – including allegations that he served as a non-executive director at a financial company, and was paid about $26,000 over three years in consultancy fees.

He denied any wrongdoing, saying he had declared his links with the company to the-then justice minister. The Judicial Services Commission (JSC) dismissed a case against him over the issue, saying there was a lack of evidence.

Now, he has become the first ex-judge to become not only the Leader of the Opposition, but also a member of parliament’s justice committee, and, to top it all, MK’s representative on the JSC.

Comprising both judges and cross-party MPs, the JSC is the very body that found Dr Hlophe guilty of gross misconduct, leading to parliament impeaching him.

It is also responsible for the appointment of judges, and will choose his successor as Western Cape Judge President.

His long-time adversaries have vowed to challenge his elevation to the JSC in court, with campaign group Freedom Under Law saying it was “irrational” for an impeached judge to be involved in the appointment of other judges, external.

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