MK Party deputy president and parliamentary leader Dr John Hlophe has been interdicted from taking up a seat on the Judicial Service Commission.
The Democratic Alliance (DA) had hauled Hlophe, Speaker of the National Assembly, Judicial Service Commission, and the MK Party to court after he was designated to take up a seat at the JSC, which conducts interviews and disciplinary hearings of judges, among other things.
The ruling
“Pending the determination of the merits of the Applicant’s (DA) review of the National Assembly’s decision to designate the third respondent (Dr Hlophe) as its representative to the (JSC), either in Part B of this application, or by the Constitutional Court in Case CCT 253/24 and/or in Case CCT 222/24, whichever occurs first, Dr Hlophe is interdicted from participating in the processes of the JSC.”
The matter was heard by judges Selby Baqwa, Johannes Daffue, and Colleen Collis. This was after the National Assembly (NA) designated to the JSC a Member of Parliament on July 9. The member is a former judge who was on February 21 impeached by parliament for gross judicial misconduct.
Designation triggered applications
Hlophe’s designation triggered three applications.
“The DA, Freedom Under Law and Corruption Watch issued their separate applications. These were issued …on 19 July 2024, 25 July 2024 and 30 July 2024 respectively. They deem their applications to be urgent insofar as the next sitting of the JSC is from 7 to 11 October 2024.
“We are required to adjudicate whether the NA properly exercised its discretion to designate Dr Hlophe to the JSC.
All three applicants rely on the same grounds of review. Although their approach during argument differed somewhat. These included the NA committed a material error of law in that it failed to properly exercise its discretion of the Constitution. Or alternatively, that the NA did not recognise that it had any discretion at all.
DA welcomes court’s decision
They argued that the designation of Dr Hlophe to the JSC is incompatible with the JSC’s obligations under the Constitution. And that the NA took various irrelevant factors into consideration. It failed to consider relevant and material factors in reaching its decision.
DA National Spokesperson, Karabo Khakhau, said the party welcomes the Western Cape High Court’s decision. The decision to grant an urgent interdict preventing Hlophe from taking up his seat on the JSC.
“This is a landmark victory for the DA and for the integrity of South Africa’s judiciary.
“The court’s decision affirms our position. It also 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,” said Khakhau.
Judges must be held to the highest standards of conduct
“This ruling is a major step in safeguarding the independence and credibility of our judicial system. Hlophe was impeached after a long and contentious legal process. Allowing Dr Hlophe…to influence the selection of future judges would have severely damaged public trust in our judiciary. And it would have compromised the principles that uphold our democracy.”
She said the court victory underscores that those tasked with overseeing and selecting our judges must be held to the highest standards of conduct.
“We remain committed to upholding the rule of law and defending the values enshrined in our Constitution. The DA will continue in its fight to ensure that our judiciary remains independent. Also transparent and free from political interference.
