Cape Town – Members of Parliament (MPs) are calling for a review of parliamentary rules to prevent impeached judges from being elected as members of Parliament or serving on the Judicial Service Commission (JSC).
This follows the election of impeached Judge John Hlophe to represent the National Assembly on the JSC, despite his impeachment for gross misconduct.
Several political parties, including the Democratic Alliance (DA), Freedom Front Plus (FF Plus), and African Christian Democratic Party (ACDP), objected to his nomination and are pushing for changes in the rules.
“A member cannot be impeached by this House and then be fit and proper to serve in this House,” EWN quoted FF Plus MP Wouter Wessels as saying.
Conversely, parties such as the Economic Freedom Fighters (EFF), African Transformation Movement (ATM), United Democratic Movement (UDM), and Al Jama-ah support Hlophe’s nomination.
According to BusinessDay, the African National Congress (ANC) suggests that the parliamentary rules enabling his election must be revised.
Meanwhile, the Black Lawyers Association (BLA) has come out in defence of Hlophe.
Black Lawyers Association president Nkosana Mvundlela says he finds it unacceptable that the election of Dr John Hlophe to the Judicial Service Commission is being questioned whereas his appointment to Parliament was never questioned. Mvundlela says it was Parliament, through its… pic.twitter.com/4xvTVGVvmq
— Newzroom Afrika (@Newzroom405) July 9, 2024
In an interview with Newzroom Afrika, BLA president Nkosana Mvundlela stated that Hlophe had a legal right to his appointment to the JSC.
“For us as the BLA, we are saying that which is allowed by the Constitution must not be for us to say either ‘yay or nay’ to it. It must be based on the basis of the fact that the supremacy of the Constitution is respected and if you respect Section 2 of the Constitution [dealing with equality of persons under law] you must also respect the very same provision of 178 [dealing with the appointment and purpose of the JSC] in the manner in which parliament can do things and I think to that extent it is important for us to remain within the ambit of the law.”
He added: “It is very easy to want to argue a moral argument [but] moral arguments can have both sides to it.
“The point I am making with you is South Africa is premised on the principle of the law, and that principle of the law is that which guides how things are done.
“That very parliament that found it necessary to recommend him to go to that committee, is expected to act within the moral rectitude of South Africans.
“If the law allows him, who are then as a group of people in South Africa to say that he should not be sitting there?
“The BLA cannot stand and say it is morally wrong if he was found to be unethical by that very same parliament, but now he is sitting in that very parliament, then why shouldn’t we start the argument at that point.”
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