Disgraced former judge John Hlophe end up chosing his own replacement in Western Cape High Court

by | Aug 3, 2024

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After being selected to the Selection Committee despite severe misconduct leading to impeachment, Hlophe will pick from seven judges contending for the position of Judge President

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Seven judges have emerged as contenders for the prestigious position of Judge President of the Western Cape High Court, following the impeachment of the long-serving John Hlophe in February. This vacancy has sparked intense competition and brought renewed focus to the region’s judicial landscape.

Among the candidates is Patricia Goliath, the acting Judge President, who has previously lodged complaints against Hlophe with the Judicial Service Commission (JSC). Her bid for the position is notable, as she had previously lost the deputy position to Justice Andre le Grange in 2016. Le Grange is also in the running, marking a continuation of their professional rivalry.

Other distinguished candidates include Justices Nolwazi Mabindla-Boqwana and Babalwa Mantame. Both were appointed as High Court Judges in the Western Cape in 2013. Mabindla-Boqwana has since advanced to the Supreme Court of Appeal, while Mantame has been serving in an acting capacity there since June.

The list is rounded out by newer appointees: Denzil Potgieter from the Eastern Cape bench, and Hayley Slingers and Daniel Thulare, both currently serving in the Western Cape. These candidates represent a mix of experience and fresh perspectives, each bringing unique qualifications to the table.

The selection process, overseen by the JSC, marks the first time since Hlophe’s appointment in 2000 that such interviews will take place. The interviews are scheduled for October, amid ongoing legal disputes involving Hlophe.

Hlophe’s recent impeachment has not only vacated the Judge President position but also sparked further controversy. He is now embroiled in multiple court applications aimed at preventing him from serving on the JSC. Both the Democratic Alliance (DA) and Freedom Under Law have sought judicial intervention to nullify Parliament’s decision to designate Hlophe as a commissioner. Afriforum has escalated its opposition directly to the Constitutional Court.

This high-stakes judicial appointment process underscores the evolving dynamics within South Africa’s legal system and highlights the ongoing challenges and controversies that continue to shape its judiciary. The selection of the next Judge President will be a critical moment for the Western Cape High Court, setting the tone for its future direction and leadership.

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