Stop the persecution of Hlophe, he’s paid for his sin already
The Judicial Services Commission was back in the news this week, thanks to one man, now a parliamentarian and leader of the opposition, John Hlophe.
Ours is very much a nascent democracy, still regarded as taking baby steps. Consequently, there are many rules of our system of governance that are not as clearly defined as many might think.
One such was brought to the fore with the nomination of Hlophe to the JSC by uMkhonto we Sizwe Party, the third biggest party in parliament and the biggest outside of the government of national unity.
Hlophe was among the first batch of MKP parliamentarians to be sworn into the house after the party skipped the initial intake for reasons best left to speculation than what the party forwarded.
As per tradition, the second biggest party in the National Assembly outside government is designated the official opposition, which effectively makes Hlophe not just an ordinary MP, but virtually the leader of the opposition.
As far as parliament rules are concerned any member of the house, including Hlophe, who was found guilty of misconduct by the JSC and impeached as a judge, qualifies to sit on the JSC, which assesses and recommends potential candidate judges and also hears complaints against judges, as was the case with Hlophe.
Now a slew of civil society organisations, including Freedom Under Law, the Ahmed Kathrada Foundation, Judges Matter, and political parties, the DA included, which sits in the government of national unity with the ANC and other parties, have vociferously opposed Hlope’s election to the JSC.
The ANC has supported the elevation to the commission and hid clumsily behind the lack of clarity of the parliamentary rules on the matter.
But is there any faulting all the parties standing firmly behind the MKP’s nomination of Hlophe to serve on the 23-person commission? Rules are rules and there should be no set of rules for some and another for others.
There are no rules that would have prevented Hlophe from taking his seat in the hallowed house, which may well be teeming with all sorts of undesirables. But once they become part of the house, then they are suitably qualified for whatever position MPs may occupy.
All 400 members of the house would have qualified and, will in future, to be elected president of the country. Are we saying we attach less value to the office of the president than we do a post on the judicial commission? Where was the chorus of disapproval when Hlophe took the oath to be in parliament?
Without plugging the loopholes and fixing the ambiguity of whatever rules govern our parliament, the protestation against Hlophe sounds a lot more like the persecution of the black African who must be pulled down and put in his/her place at every opportunity, especially by unelected opposition masquerading as NGOs or some foundation.
