DA approaches Western Cape High Court to remove Hlophe from JSC

The DA has approached the Western Cape High Court to interdict former Judge President John Hlophe from participating in the Judicial Services Commission(JSC).

In the party’s legal papers DA federal chairperson, Helen Zille argued that leaving Hlophe on the JSC would compromise the work of the JSC and leave doubt on some appointments the JSC makes.

Not only is the JSC responsible for the appointment of judges but it is also responsible for disciplinary proceedings against judges.

Can Hlophe still influence judges?

In October the JSC will have to run interviews for several important positions including those of judges of the Supreme Court of Appeals (SCA), the Constitutional Court, four judges of the Western Cape division and a Judge President of the Western Cape division.

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Zille said parliament had not made the correct decision in allowing Hlophe to serve on the JSC because of his involvement in alleged rogue activities as a judge.

“It is irrational to appoint a person who has himself been found guilty of gross misconduct and therefore not fit and proper to serve as a judge. How can a person who has demonstrated that he will breach fundamental judicial ethics be trusted to evaluate whether candidates for judicial office have the character required of judges?” Zille asked.

She said the DA wants the matter heard on an urgent basis to protect the integrity of the judiciary.

“His participation will render the JSC’s advice to the president unlawful. His participation will under the integrity of the JSC and the public perception of its ability to perform its constitution function,” Zille said.

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Hlophe was impeached by the South African parliament following the recommendations of the Judicial Services Commission (JSC).

He was accused of trying to influence several judges in a matter relating to former president Jacob Zuma.

Hlophe is now the caucus leader of the MK party in parliament, a party that was founded by Zuma and other disgruntled former ANC members.

Zille said the MK party had the right to put any other competent person in Hlophe’s place once he is removed.