The Western Cape High Court has declared parliament’s decision to appoint uMkhonto weSizwe (MK Party) deputy leader John Hlophe to the Judicial Service Commission (JSC) unconstitutional and invalid.
The DA brought the matter before the court, with several respondents including Hlophe, the speaker of the National Assembly, and the JSC.
According to the court, Hlophe’s designation as one of parliament’s representatives on the JSC contravenes Section 178(1)(h) of the constitution.
This section outlines the framework for the composition and appointment of members to the JSC, which plays an essential role in overseeing the judiciary and recommending judicial appointments.
“The judiciary is essential to the maintenance of constitutional democracy. By exercising judicial control over governmental power and keeping it within its constitutional bounds, the judiciary is able to hold the legislature and executive to account in the courts and thus secure the rule of law and the protection of human rights,” read the court papers.
Cost order against Hlophe, MK Party
In addition to setting aside the decision, the court also issued a cost order against Hlophe and the MK Party, which had supported his nomination.
They are required to pay the DA’s legal costs on a punitive scale, specifically on an attorney and client scale.
The same order was granted in other matters that were brought by Corruption Watch and Freedom Under Law, which similarly challenged the decision to appoint Hlophe to the JSC.
Sunday World previously reported that the impeached former Western Cape High Court judge president had stepped down from the nomination following intense court battles that saw him lose an urgent interdict application against the JSC in October 2024.
The MK Party and Hlophe had filed an application to the Johannesburg High Court, attempting to postpone the JSC meeting and interviews after their request was declined.
However, this saw the meeting and interviews for vacant positions for judges kick off without Hlophe after the court application failed.
