WATCH | Blocking Hlophe from JSC role is a violation of his National Assembly rights – advocate

Hlophe

Cape Town — Impeached judge John Hlophe returned to the Western Cape on Friday to challenge an interdict filed by the Democratic Alliance (DA).

The DA argued that Hlophe, the first judge in history to be impeached, should not serve on the Judicial Service Commission (JSC).

According to a statement, the party said that its legal action highlights concerns about the integrity and independence of the country’s judiciary.

“The writers of our constitution could never have envisioned a situation where an impeached judge – one removed for gross misconduct – could be appointed to the JSC, the very body responsible for selecting and overseeing judges,” DA federal chair, Helen Zille said.

The DA contended that Hlophe’s impeachment reflects his conduct and it is inconceivable for a compromised individual to influence the selection of future judges.

While acknowledging that parties have the right to nominate their candidates for the JSC, the DA criticised Hlophe’s appointment as a disregard for the standards of integrity and propriety within the judicial system.

Zille added, “The DA remains committed to upholding the rule of law and the independence of our judiciary, and we will continue to fight for these principles against any threats to their integrity.”

“The DA remains committed to upholding the rule of law and the independence of our judiciary, and we will continue to fight for these principles in the face of any threats to their integrity,” Zille said.

In response to the DA’s claims, Advocate Thabani Masuku argued that the court should affirm the legality of Hlophe’s membership in the National Assembly.
Masuku contended that the DA’s position restricts Hlophe’s rights as a member of the National Assembly, Newzroom Afrika reported.

“He is a member of MK, MK has nominated him and has a right to nominate him for committee or any constitutional body which requires members of the NA to be appointed. To put a barrier to that, it’s really to limit his rights,” Masuku said.

According to TimesLIVE, advocate Dali Mpofu claimed that Hlophe was subjected to the “law of the jungle”, unjustly removed from his position as a judge, and now the DA is attempting to vilify him once again.

The MK and Hlophe are opposing three simultaneous bids (heard at the same time) by the DA, Corruption Watch, and Freedom Under Law (FUL) for an interdict or, alternatively, a final order to overturn the National Assembly’s appointment of Hlophe to the Judicial Service Commission (JSC). The JSC interviews and recommends judges for appointment.

They argue that the National Assembly’s decision was irrational and that a disgraced judge should not be involved in evaluating the suitability of others.

Mpofu criticised the application, suggesting there was “something fishy” about it. He argued that the court should not act as an appeal tribunal for the National Assembly and asserted that the DA’s court action was a result of losing a democratic vote in Parliament.

He also described the National Assembly’s decision as “political”, similar to the impeachment decision made by the previous Parliament.

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Compiled by Matthew Petersen

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