The Democratic Alliance (DA) believes that MPL Hendriette van Huyssteen, who has been struck off and suspended by the Legal Practice Council (LPC), is innocent until proven guilty.
DA Federal Council chair Helen Zille said this during a recent interview with Sunday World.
Huyssteen topped the DA’s IEC list and has been serving as a lawmaker in the North West Legislature since June.
The Legal Practice Council (LPC), the statutory regulatory body for the legal profession, suspended Van Huyssteen for failing to submit an audit report and for practicing without a Fidelity Fund Certificate since 2019.
DA leading fight against Hlophe’s JSC nomination
This situation has raised questions about the DA’s internal checks and balances. Particularly as the party fights against the nomination of MK Party parliamentary leader Dr John Hlophe. The latter is up for the Judicial Service Commission (JSC) nomination. DA is opposing his nomination following his impeachment due to gross misconduct.
The DA had launched legal action against Hlophe. It argues that it would be unreasonable for the National Assembly to allow an impeached person to represent it on the JSC.
The JSC is a body tasked with interviewing and nominating presiding officers for vacant posts. And oversees their discipline.
In an interview with Sunday World, Zille clarified the DA’s stance on the matter. She insisted what was happening in relation to Van Huyssteen and Hlophe could not be compared.
Legal matter versus administrative matters
“There are vast differences in the significance of ‘legal practice standards’. Some may relate to disciplinary matters for alleged wrongdoing.
“Others deal with administrative issues. It is simply absurd to equate Hlophe’s case, gross misconduct as a judge, with the allegations against Ms Van Huysteen,” said Zille.
Zille described comparing the two cases as comparing apples with prickly pears.
She defended the party’s candidate selection process. All nominees must complete a comprehensive application form that requires the disclosure of any legal issues, she said.
She explained that there could be serious consequences for the omission of information. Also, the Federal Legal Commission of the DA is handling the matter.
It was tasked with determining Van Huyssteen’s legal challenges. Whether they stem from administrative errors or more serious disciplinary matters.
Despite her suspension, the DA maintains that there is no question surrounding Van Huyssteen’s qualifications.
