She says the decision undermines the role of the JSC and the integrity and independence of the judiciary “for Dr Hlophe to sit on the very body that found him guilty of gross misconduct as a judge and recommended his impeachment, and to play a role in choosing new judges”.
“The National Assembly wrongly seems to have taken the view that it had no choice but to accept MK's nomination of Dr Hlophe,” she said.
“It was for the National Assembly to decide after considering the nominations from the relevant political parties, who to designate – the only constitutional limitation is that three of the designated MPs [members of parliament] must belong to opposition parties.”
Zille further mentions that on October 7 and 10, the JSC will sit to interview candidates and advise the president on who to appoint as a judge.
“That includes the position Dr Hlophe vacated – judge president of this division – and a vacancy on the Constitutional Court, where he is currently challenging his removal from office.
“Dr Hlophe's participation in the October 2024 interview will render them unlawful. It is therefore vital that he be prevented from participating until the legality of his participation is determined.”
Zille said that this did not preclude MK Party from being represented on the JSC.
“It is free to nominate any other MP to be designated to sit on the JSC. But it is not entitled to designate Dr Hlophe.”
chabalalaj@sowetan.co.za
DA interdicts Hlophe from serving on JSC
Image: Darren Stewart
The DA has filed an urgent application in the Western Cape High Court to interdict the MK Party's parliamentary leader John Hlophe from taking up a seat in the Judicial Service Commission (JSC).
The party says it was irrational and inconsistent with the independence of the judiciary for the National Assembly to designate a removed judge to serve on the JSC and participate in the process for the appointment of judges.
The DA's application comes after AfriForum filed papers in the Constitutional Court challenging Hlophe's designation to the JSC.
Freedom Under Law also said it would be taking legal action on the matter.
Hlophe was impeached as a judge in February after being found guilty of gross misconduct for seeking to influence the outcome of a case concerning former president Jacob Zuma.
However, after the elections, the MK Party nominated him to serve as its representative to the JSC – which the National Assembly accepted.
The party's federal council chairperson Helen Zille argues in the application that it was wrong for the National Assembly to do so.
She says the decision undermines the role of the JSC and the integrity and independence of the judiciary “for Dr Hlophe to sit on the very body that found him guilty of gross misconduct as a judge and recommended his impeachment, and to play a role in choosing new judges”.
“The National Assembly wrongly seems to have taken the view that it had no choice but to accept MK's nomination of Dr Hlophe,” she said.
“It was for the National Assembly to decide after considering the nominations from the relevant political parties, who to designate – the only constitutional limitation is that three of the designated MPs [members of parliament] must belong to opposition parties.”
Zille further mentions that on October 7 and 10, the JSC will sit to interview candidates and advise the president on who to appoint as a judge.
“That includes the position Dr Hlophe vacated – judge president of this division – and a vacancy on the Constitutional Court, where he is currently challenging his removal from office.
“Dr Hlophe's participation in the October 2024 interview will render them unlawful. It is therefore vital that he be prevented from participating until the legality of his participation is determined.”
Zille said that this did not preclude MK Party from being represented on the JSC.
“It is free to nominate any other MP to be designated to sit on the JSC. But it is not entitled to designate Dr Hlophe.”
chabalalaj@sowetan.co.za
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