The Democratic Alliance (DA) and AfriForum have filed court papers in an attempt to remove uMkhonto weSizwe Party (MK Party) parliamentary leader and former judge Dr John Hlophe from the Judicial Service Commission (JSC).
The impeached Hlophe was delegated by the National Assembly to the JSC. This after his term as the Western Cape High Court Division judge president came to an end when the same body found him guilty of misconduct.
Helen Zille, DA federal council chairperson, said the application was in two parts. The first part seeks to interdict Hlophe from taking up a seat in the JSC. And the second part seeks to review and set aside his delegation.
Irrational for National Assembly to have impeached judge representing it
She said while every party should exercise their opportunity to nominate persons who would serve on the JSC, it was improper to have Hlophe in the council.
“It would be irrational for the National Assembly to have the same person, who has been impeached, representing it on the JSC, which is the body responsible for nominating judges to appointment and for disciplining Judges,” said Zille.
“This designation of Dr Hlophe presents a clear conflict of interest. [It also] …undermines the independence of South Africa’s Judiciary. The National Assembly is obligated to protect and uphold the judiciary’s independence, integrity, and dignity. A responsibility the DA takes seriously,” she added.
She said the National Assembly should ensure that all persons nominated are fit to take a seat at the JSC. Otherwise they risk undermining the JSC’s processes for electing judges and investigating judicial conduct.
AfrForum has also asked the Constitutional Court to intervene and kick Hlophe out of the JSC.
Kallie Kriel, AfriForum CEO, mentioned Hlophe’s previous charges. He raised that Hlophe’s misconduct and dishonesty was reason enough for him not to return to the JSC. This after they impeached him earlier this year.
“It is essential that AfriForum fights Hlophe’s appointment to the highest court. Because his presence in the JSC seriously undermines the credibility and independence of the judiciary. While it also undermines the rule of law,” said Kriel.
MK Party Youth League labels accusations as “jealousy”
However, MK Party Youth League claimed that the application by AfriForum was an attempt to destabilise the party. It alleged that this act was out of “jealousy”.
kateko Mkhabela, MK Party head of communications, said AfriForum should not dictate the day-to-day business of the JSC. And that they should isolate themselves from the interviews for the judicial office.
“The AfriForum mandate from its masters is to destabilise and weaken the momentum of the MK Party in parliament as the official opposition party. It is noteworthy to mention that the National Assembly is designating Dr Hlophe to the JSC.
“[The National Assembly] acted within its rules and constitutional mandate. And the contention that such an appointment was “irrational, unlawful, unreasonable, invalid and thus inconsistent with the Constitution” [is weak]. It cannot be said to be holding any water in an open and democratic society,” said Mkhabela.
