There was 15 years of legal to and fro before the first judge in post-apartheid South Africa was impeached
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They are the first judges to suffer this fate in post-apartheid South Africa, and many observers in the legal field have opined that the time these two cases took to draw to conclusion points to weaknesses in the mechanisms for holding members of the judiciary to the codes of conduct of the profession.
On Monday last week, Hlophe filed an urgent application to the court asking that the impeachment proceedings be put on hold pending an application he made to the constitutional court last month to set aside the report filed by the portfolio committee in November and its recommendation that he be removed from the bench.
The application was dismissed by Judge Sulet Potterill, who is a member of the Gauteng bench and heard the matter because of Hlophe’s obvious connection to the judges of the division over which he presided.
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