ConCourt issues directives in AfriForum's case against Hlophe's appointment to JSC

Ernest Mabuza Journalist
MK Party deputy president Dr John Hlophe address the media on August 22, 2024.
MK Party deputy president Dr John Hlophe address the media on August 22, 2024.
Image: Freddy Mavunda

AfriForum says it is one step closer to its goal of having former Western Cape judge president Dr John Hlophe’s appointment as a member of the Judicial Service Commission (JSC) set aside in the Constitutional Court.

On Monday, the court issued directives ordering respondents in the case to submit answering affidavits to AfriForum’s application for direct access to the court.

In July, AfriForum requested direct access to the court to declare Hlophe’s appointment to the JSC irrational, unlawful and contrary to the National Assembly’s constitutional duty.

The speaker of parliament, Hlophe and the MK Party are respondents in this case and have until Friday to file their affidavits.

AfriForum CEO Kallie Kriel said the court’s issuing of these directives was an important development and indicated the court was considering AfriForum’s application for direct access.

“This is a positive indication that AfriForum’s application for direct access to the Constitutional Court is not based on invalid grounds. We consider this as a step in the right direction to protect the rule of law.

“We are now even more hopeful that we will be able to challenge Hlophe’s appointment in the highest court and that this appointment, which undermines the credibility and independence of the judiciary, will be set aside,” Kriel said.

AfriForum said Hlophe’s application for direct access to the Constitutional Court to set aside the processes that resulted in his removal as a judge was summarily dismissed last week.

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