In the latter regard, in 2008, two judges of the Constitutional Court accused Hlophe of having attempted improperly to influence their judgment in matters involving President Jacob Zuma.

After a prolonged legal battle, the Judicial Service Commission found him guilty of gross misconduct in August 2021, and the National Assembly of South Africa resolved to impeach him on 21 February 2024.

[3] He returned briefly to Natal in 1985, lecturing in law at the University of Zululand's KwaDlangezwa campus, but later that year he undertook doctoral studies at Cambridge on an Africa Educational Trust scholarship.

[11][12] Lawyer Paul Hoffman later speculated that his rapid professional rise was partly due to his personal popularity, describing him as having been "charm personified at first, showing a willingness to learn the ropes and a preparedness not to take himself too seriously.

"[13] In the assessment of the Daily Maverick, Hlophe was generally a talented jurist and "it was his conduct as a judicial officer that sank what could have been a brilliant and transformative career".

In August, Hlophe's court dismissed the application, which was an urgent challenge by pharmaceutical companies to medical pricing regulations newly promulgated by the Minister of Health.

When the court was hearing the pharmaceutical companies' application for leave to appeal, Hlophe caused a stir by complaining that legal practitioners were circulating rumours that he had written the majority judgment in Yekiso's name.

[19] He apparently linked this misconception to racism, and in the weeks thereafter, he complained publicly about "a calculated attempt to undermine the intellect and talent of African judges".

"[24] In March 2008, Hlophe handed down judgment in Thubelisha Homes v Various Occupants, in which he controversially awarded the state an eviction order to remove thousands of residents of Joe Slovo from the site of the N2 Gateway Project.

[25] The judgment was criticised by the Western Cape Anti-Eviction Campaign;[26] by Pierre de Vos, who called it "completely devoid of compassion and also legally misguided";[27] and by other commentators who questioned its interpretation of the doctrine of legitimate expectations.

[28] When the Constitutional Court heard the matter on appeal, Justice Kate O'Regan said that Hlophe's order "really bothers me" insofar as it failed to provide for the relocation of the evicted residents.

[32] In February 2005, South African media houses received a leaked copy of a 43-page report on racism among the lawyers and judges of the Cape Provincial Division; it had been compiled by Hlophe and submitted to the national Minister of Justice, Brigitte Mabandla.

[37][38] Also in October, press reported that Hlophe had disparaged Western Cape Judge Wilfred Thring while attending a cricket match in a social capacity.

[39][40] These remarks were apparently made in the presence of Norman Arendse, the chairperson of the General Council of the Bar, who reportedly told Chief Justice Chaskalson about the incident in a letter.

[44] The Black Lawyers' Association (BLA) likewise said that it would lodge a complaint with the South African Human Rights Commission about what it described as the Cape Bar Council's opposition to demographic transformation.

[53] The first conflict-of-interest complaint pertained to the Cape Town law firm Smith, Tabata, Buchanan, Boyes (STBB), which had awarded a bursary to Hlophe's son Thuthuka.

[63][64] On the accusation that he had failed to disclose a conflict of interest, he said that former Justice Minister Dullah Omar had given him permission to receive money from a private company.

[66] Critics suggested that Hlophe's receipt of the payments might constitute a criminal violation of the Prevention and Combating of Corrupt Activities Act,[58] as well as "an egregious conflict of interest".

[69] In early December 2006, the JSC announced that it had decided not to pursue the matter, saying that there was no evidence to contradict Hlophe's assertion that Minister Omar had authorised him to receive money from Oasis.

[70] The Mail & Guardian reported that the JSC was starkly divided on the matter, with advocate George Bizos leading the charge for a full public investigation.

Chief Justice Langa said that the panel was in unanimous agreement that it had been inappropriate for Hlophe not to disclose his relationship with Oasis, but nonetheless had been divided on whether there was sufficient evidence to sustain a public inquiry and impeachment.

[73] Sources told the Mail & Guardian that Bizos and Craig Howie had been among the members pushing for further investigation, while Seth Nthai and Bernard Ngoepe were among those who opposed it.

[76] More controversially, retired Constitutional Court Justice Johann Kriegler wrote an open letter in the Sunday Times in which he argued that Hlophe was not fit to hold judicial office.

[76] Conversely, the BLA welcomed the JSC's decision, expressed support for Hlophe, and released a statement suggesting that Kriegler should be sanctioned for "unprecedented and improper grandstanding".

[80] In March 2008, Judge Steven Majiedt of the Northern Cape High Court granted Winston Nagan authorisation to sue Hlophe for defamation.

[99] In June 2008, the bench of the Constitutional Court lodged a formal complaint against Hlophe at the JSC, alleging that he had attempted improperly to interfere with its deliberations in the matter of Thint v NDPP.

[108] In April 2021, a Judicial Conduct Tribunal concluded unanimously that Hlophe had committed gross and impeachable misconduct in attempting improperly to influence Justices Nkabinde and Jafta.

[122] Perhaps most seriously, Goliath alleged that, in 2015, Hlophe had intervened in the administration of Earthlife Africa Johannesburg v Minister of Energy, a politically sensitive case in which civil society groups lodged a successful challenge to President Zuma's Russian nuclear deal.

[133] On 24 June 2024, Mkhonto weSizwe instructed over 100 members to withdraw from its reserve list of parliamentary candidates to allow 21 new people, including Hlophe, to represent the party in the National Assembly.

[69] It was also the result of reports that, in 2007, he wrote to the Department of Transport and Public Works with a request to upgrade his official vehicle, a Mercedes-Benz ML500, to a Porsche Cayenne.