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[1]          This is a review application brought by Hlophe JP to set aside the decision of the Judicial Service Commission (JSC), taken on 25 August 2021, in which it resolved, by a majority of 8-4, that he had committed gross misconduct. The consequence of such a decision is that Hlophe JP must be referred to Parliament to be subjected to a motion to impeach him.

[2]          The complaints of irregularity relied upon by Hlophe JP fall into two main categories. The first category is about alleged procedural deficiencies which afflicted the JSC when it considered and decided the matter. The second category is concerned with the decision per se. These categories are addressed discretely in Part A and Part B of the judgment. In addition, Hlophe JP brought an application that the matter be referred to the National Assembly, which is addressed in Part C.