‘JSC can’t sit without Hlophe’: MK Party slams ‘horror judgment’

UMkhonto weSizwe (MK) Party says it is not surprised by the Western Cape High Court’s decision to interdict its member of Parliament and impeached judge John Hlophe from taking part in Judicial Service Commission (JSC) activities.

Hlophe’s appointment to serve on the JSC did not sit well with many and in July, the Democratic Alliance (DA) filed court papers to challenge the decision. Lobby group AfriForum also launched an application at the Constitutional Court to have Hlophe’s designation to the JSC declared irrational and unlawful.

WHY IS MK PARTY’S JOHN HLOPHE INTERDICTED FROM JSC ACTIVITIES?

The DA’s application was two-fold. In the first part, the party sought to urgently interdict John Hlophe from taking up a seat in the JSC, pending the outcome of the second part, in which they seek to review and set aside the decision by the National Assembly to designate him as one of the parliamentary representatives to the JSC.

The party argued that it would be irrational for the National Assembly to have the same person impeached represent it on the JSC, which is the body responsible for nominating judges to appointment and disciplining judges.

Further, it said the designation of Dr Hlophe presents a clear conflict of interest and undermines the independence of South Africa’s Judiciary.

Former Western Cape High Court judge John Hlophe, Mzwanele Manyi and MK Party leader Jacob Zuma. Image: X/uMkhonto weSizwe

‘GROSS JUDICIAL OVERREACH’

Reacting to the judgement, the MK Party said it constitutes gross judicial overreach and disregards provision of the very Constitution it purports to hold.

Spokesperson Nhlamulo Ndhlela said the interdict remedy was not sought or granted against Parliament which voted to appoint Hlophe in the first place.

Ndhlela said the court simply ignored Section 178 of the Constitution which requires that three members from opposition parties be appointed to serve on the JSC.

“The MK Party is the official opposition and its right to designate its MPs to serve on the JSC is guaranteed by the same Constitution. The court has not reviewed and set aside Parliament’s decision to appoint Hlophe to the JSC.

“Until that decision is reviewed and set aside, the JSC cannot sit without Hlophe. This constitutional stalemate is deliberately created by the incompetent, politically-driven and compromised judiciary. This horror judgement will be subject to an immediate appeal,” Ndhelal said.

WHY WAS MANDLAKAYISE IMPEACHED?

In 2021, the JSC found Hlophe guilty of gross judicial misconduct after allegedly trying to influence pending judgements in corruption cases involving former president Jacob Zuma in 2008.

President Cyril Ramaphosa impeached Hlophe in March this year after MPs voted 305 in favour versus 27 against.

The DA, Freedom Front Plus (FF Plus), and African Christian Democratic Party (ACDP) objected to Hlophe’s nomination to serve on the JSC, citing his impeachment.

DO YOU THINK JOHN HLOPHE SHOULD SIT ON THE JSC?

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