WC High Court prevents John Hlophe from taking JSC seat

Hlophe

Cape Town — uMkhonto weSizwe (MK) MP and impeached judge, John Hlophe, was prevented by the Western Cape High Court from taking part in any Judicial Services Commission (JSC) activities.

Hlophe was appointed to serve on the JSC in July this year, just five months after he made history by becoming the first judge to be impeached for gross misconduct.

According to EWN, Judge Johannes Daffue handed down the judgement on Friday.

“Pending the determination of the merits of the applicant’s review of the National Assembly’s decision to designate Dr Hlophe as representative to the Judicial Service Commission, either in part B of this application or by the Constitutional Court in case CCT2532024, and/or in case CCT2222024, whichever occurs first, Dr Hlophe is interdicted from participating in the processes of the JSC,” Daffue said.

According to IOL, Daffue handed down the judgement in an application by the Democratic Alliance (DA), Corruption Watch and Freedom Under Law (FUL) after they had each applied to have Hlophe removed from the JSC.

His appointment was rejected by DA, Freedom Front Plus (FF+), and the  African Christian Democratic Party (ACDP) objected to the nomination, stating that an impeached member of the judiciary serving on the JSC was illogical.

The Executive Officer for FUL, Judith February previously stated its application was based on four main factors.

“That the National Assembly failed to exercise its discretion properly; that the designation of Dr Hlophe is incompatible with the National Assembly’s obligations in terms of section 165(4) of the Constitution, which requires organs of state to assist and protect the courts to ensure the independence, impartiality, dignity, accessibility, and effectiveness of the courts,” February said.

In a statement, the DA welcomed the decision to interdict Hlophe and prevent him from taking a seat on the JSC, calling it a landmark victory for the Da and South Africa’s judiciary.

“The court’s decision affirms our position and strengthens the fight to maintain the highest standards of integrity within our judiciary. An impeached judge, found guilty of gross misconduct, should not hold a position on the JSC, a body entrusted with the responsibility of selecting judges and upholding the highest standards of judicial integrity,” the DA’s Karabo Khakhau, said.

Khakhau added that the ruling was a major step in safeguarding the independence and credibility of the judicial system.

“Allowing Dr. Hlophe, who was impeached after a long and contentious legal process, to influence the selection of future judges would have severely damaged public trust in our judiciary and compromised the principles that uphold our democracy.

The DA added that the ruling wa sa clear victory for South Africa and the party remains committed to upholding the rule of lawas aw and defending values enshrined in the Constitution.

“The DA will continue in its fight to ensure that our judiciary remains independent, transparent, and free from political interference,” Khakhau concluded.

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Compiled by Matthew Petersen

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