The Democratic Alliance’s legal representative Ismail Jamie has told the Western Cape High Court that uMkhonto we Sizwe (MK Party) had to be considerate of the eligibility of having an impeached judge John Hlophe in the Judicial Service Commission (JSC).
He acknowledged that every political party had a right to nominate someone. However, he told the court that this did not intend to mean it can be any random person.
Jamie insists that the political party and Parliament should ensure that the person was suitable and appropriate for appointment.
DA questioned Hlophe’s eligibility
He also argued that when making a nomination it should be noted if it will assist and protect the cause. This to ensure independence, and if it would instil public trust.
However, he believes that the National Assembly did not make such considerations. It went ahead with what the party had decided on.
The DA’s court application is divided into Part A and Part B. And it is currently heard alongside other similar applications from Freedom Under Law (FUL) and Corruption Watch.
In Part A, the DA requests temporary relief to halt Hlophe’s designation to the JSC. and Part B is focused on challenging the National Assembly’s endorsement of the designation.
Challenged the National Assembly’s approval of Hlophe
Jamie argued that the organ of state vested with the power of designation did not make a choice. It just let the nomination slide through.
Hlophe, who is the former Judge President at the Western Cape High Court, was found guilty of gross misconduct. He was found guilty by the Judicial Conduct Tribunal and confirmed by the JSC. The same entity he now returns to under the MK Party designation.
The JSC had recommended that he be impeached and removed from the bench by Parliament. This was effective in March.
“While it is true that this case concerns designation by the National Assembly, the obligation which the National Assembly failed to fulfil was the obligation to take its decisions in accordance to the standards of the law,” said Jamie.
