The nomination of former Western Cape High Court judge president Dr John Hlophe from the Judicial Service Commission (JSC) has been withdrawn.
Hlophe steps down following intense court battles that saw him lose an urgent court interdict application against the JSC at the weekend.
The uMkhonto weSizwe (MK Party) and party’s parliamentary leader and deputy president filed an application to the Johannesburg High Court, attempting to postpone the JSC meeting and interviews. This saw the meeting and interviews for vacant positions for judges kicked off on Monday without Hlophe after the court application failed.
The urgent court application came after the JSC rejected the MK Party’s request to postpone the October sitting, stating that the interviews could take place without Hlophe.
Nlhamulo Ndhlela, MK Party spokesperson, confirmed the resignation on Monday, stating that the party had officially written to the Speaker of Parliament, Thoko Didiza, to withdraw Hlophe’s nomination.
He claimed that they could not allow Hlophe’s name to be associated with the JSC, which he described as misleading, fraudulent, and improperly constituted.
“The MK Party has formally written to the speaker of the National Assembly to withdraw the nomination of our party leader in parliament, Dr John Hlophe, as one of the designated members of the national assembly to serve in the JSC. This withdrawal takes effect immediately,” read the statement that the MK Party released on Monday evening.
Protecting Hlophe’s integrity
“The MK Party will not allow the name of Dr John Hlophe (MP) to be associated with or used to legitimise a patently misleading, fraudulent and improperly constituted JSC.
“The MK Party maintains that the composition of the JSC, without Dr Hlophe’s participation as a representative from the leading opposition party, is in violation of Section 178(1)(h) of the constitution.
“This JSC has failed to meet the prescribed minimum threshold of three members from the opposition parties.
“We further believe that the will of the overwhelming people of South Africa who voted for participation of Dr Hlophe in all parliament duties assigned to him has been severely and constitutionally undermined,” read the statement.
The Democratic Alliance (DA) has been against Hlophe taking up a seat in the JSC, claiming that it was a mistake for Parliament to allow the specific nomination from the MK Party.
More than a week ago, the Western Cape High Court declared that Hlophe could not assume his position on the JSC.
This decision was made in response to applications filed by Freedom Under Law, Corruption Watch, and the DA, all of whom contended that a judge who had been impeached should not be a member of the committee that chooses judges.
