Gwede Mantashe, the ANC's secretary-general, lashed out at the constitutional court judges for going public with their accusations against Mr Hlophe before following the proper complaint procedures.
The proposed successor, a permanent facility plus procedures to impose losses on creditors of insolvent countries, needs a treaty revision to pass constitutional muster.
California's Constitution sets up two different procedures, and for measures that make a fundamental change in the underlying principles of the Constitutional or change the governmental plan, it cannot go directly to a vote of the people.