Cape Town — AfriForum has approached the Constitutional Court to have former Western Cape High Court Judge and uMkhonto weSizwe (MK) Party Parliamentary leader, John Hlophe, kicked off the Judicial Service Commission (JSC).
In February this year, Hlophe became the first South African judge in the democratic era to be impeached but has since made a strong comeback after he was appointed to represent Parliament in the JSC.
In his new role as the MK’s Parliamentary leader, Hlophe has been deployed to serve on the JSC, which is responsible for recommending new judges for appointment to the bench.
AfriForum said it would be inappropriate for aspiring judges to be assessed on their ethics, integrity and fitness by a judge who has been impeached, and added it would undermine the credibility of the JSC, Sowetan Live reported.
“AfriForum requests the Constitutional Court in its court application to declare Hlophe’s appointment [to the JSC] is irrational, unlawful and in conflict with the National Assembly’s constitutional duty,” AfriForum CEO, Kallie Kriel, said.
“It is unthinkable that the ethics, integrity and suitability of aspiring judges should be assessed by Hlophe as a member of the JSC. This is especially concerning since Hlophe was earlier found unfit to serve as a judge by the JSC due to his dishonesty and gross misconduct,” he added.
The well-known racist Afrikaner minority organization @afriforum failed to challenge Ramaphosa ANC for blocking the impeachment of Ramaphosa about the Phala Phala Farmgate dollar scandal but they are energetic to challenge the appointment of Dr JM Hlophe to JSC. pic.twitter.com/iEzDfyKy1x
— Zulu🇿🇦RET ! (@CetshwayoG) July 21, 2024
Kriel said the organisation approached the ConCourt as it felt Hlophe’s presence in the JSC was undermining its credibility and the independence of the judiciary. He said Hlophe’s appointment was contrary to the constitution.
His appointment to the JSC was rejected by the DA, FF Plus and ACDP while the ANC, MKP, EFF, UDM, ATM, Al-Jama-ah and UAT supported it. The MK argued Hlophe qualified to be on the JSC because he is an MP.
According to EWN, Hlophe’s appointment was “a problem” that judges who would appear before him could wind up being involved in the “inevitable” reviews and appeals expected to follow once Jacob Zuma’s criminal case is finally decided.
AfriForum added it would be inappropriate for him to be involved in deciding who the next Judge President of the Western Cape would be “when his animosity towards the current acting Judge President Patricia Goliath is well-known and has also formed the subject of litigation”.
It surprised me when the well-known racist Afrikaner minority small organization @afriforum challenged the appointment of Dr JM Hlophe to JSC but they never challenged the Ramaphosa ANC for blocking the impeachment of Ramaphosa about Phala Phala at the Constitutional Court. pic.twitter.com/yLCrIwH2MC
— Zulu🇿🇦RET ! (@CetshwayoG) July 21, 2024
As reported by The Citizen, Goliath laid a gross misconduct claim against Hlophe a few years ago, saying he assaulted Judge Mushtak Parker and used abusive language towards her, delegating duties meant for her to his former wife, Gayaat Salie-Hlophe instead.
Hlophe, in return, filed a counter-complaint against Goliath which included allegations of racism and gross incompetence.
Kriel said the JSC will conduct interviews with prospective judges in October, and it would violate the public trust if Hlophe served in the interview process.
According to Kriel, the JSC will already conduct interviews with prospective judges in October this year and it would violate the public’s trust in the judiciary if Hlophe were to be part of the interview process.
AfriForum said that the National Assembly (NA), under Article 165 of the Constitution, must assist and protect the courts, among other things, to ensure the courts’ independence, impartiality, dignity and effectiveness.
“By appointing Hlophe, the NA not only neglected its constitutional duty but acted directly contrary to the Constitution,” said Kriel.
AfriForum argues that the case can be brought directly before the apex court because it has exclusive jurisdiction over the case and because the case is urgent.
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Compiled by Matthew Petersen
