Cape Town — Following the Western Cape High Court’s decision to dismiss John Hlophe’s application to be a member of the Judicial Service Commission (JSC), political experts believe the only option left for the uMkhonto weSizwe (MK) Party is to suggest another candidate.
Hlophe’s application for leave to appeal an interim order was dismissed as the MK Party sought to have him remain a member of the JSC> He was prohibited from participating in any JSC activities pending a review of the National Assembly’s decision to designate him, News24 reported.
In the judgement delivered last week, the judges said there were no “prospects of success” in the MK Party’s appeal and claimed it was a repetition of arguments put before the court.
“The MKP makes a concerted effort to convince this court that there are sufficient grounds for an appeal to be heard regarding this matter by the Supreme Court of Appeal. It argues its case based on about twenty-five grounds,” the judges said.
JUST IN:
The full bench of the Western Cape High Court has dismissed MKP and John Hlophe’s application for leave to appeal its earlier decision that interdicted him from taking up a seat on the JSC. Hlophe later resigned that appointment. The case was dismissed with costs. pic.twitter.com/4pYpUQ6lO5— Ismail Abramjee (@IsmailAbramjee) December 21, 2024
“It is trite, however, that such a high number of grounds may, on the contrary, suggest a lack of prospects of success,” they added.
The court also said that, following Hlophe’s resignation, his matter had become moot and there was no reason for the Supreme Court of Appeal (SCA) to hear it.
The judges further found that the application did not provide any compelling reason why an appeal should be heard against the order the court had granted on the matter.
According to The Citizen, MK’s national spokesperson, Nhlamulo Ndhlela, said the party’s legal team was going to review the outcomes of the judgement. However, many political experts have also commented on the situation and believe the MK Party need to look beyond Hlophe as their suitable candidate.
Alison Tilley from Judges Matter said it would be more fruitful for the MK Part to put another candidate in place of Hlophe as the JSC plays an important role in judicial appointments and disciplinary processes.
“Hlophe serving on the JSC would erode public trust in the commission’s integrity. This issue becomes particularly pressing in cases involving disciplinary matters,” Tilley said.
“Despite having put forward some novel arguments to date, on why he should be allowed to serve on the JSC, it is difficult to say if there are further options left for Hlophe,” she added.
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University of Pretoria’s Dr Llewelyn Curlewis dismissed the possibility of Hlophe’s appeal being a success and was not surprised that his application for leave to appeal was denied.
“He obviously may elect to approach the Supreme Court of Appeal or with a Constitutional Court petition application to overrule this latest development. It may also be a fruitless effort for him to request substitute consent to continue with his appeal,” Curlewis said.
“If you are not fit and proper to preside as a judge, having been removed as a result of your misconduct, how can anyone trust you to appoint and evaluate judges who must also comply with that requirement? Hlophe serving on the JSC would make “absolutely no sense and would be frowned upon,” he added.
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Compiled by Matthew Petersen
