Didiza explains her stance on Hlophe’s JSC appointment

National Assembly Speaker Thoko Didiza says she will accept any outcome resulting from the legal battle involving former judge John Hlophe.

Last month, the National Assembly passed a motion that cleared the way for Hlophe to serve on the Judicial Services Commission (JSC).

The former judge was nominated by the uMkhonto weSizwe (MK) party after being appointed as the parliamentary leader of the Jacob Zuma-led political faction.

However, his designation to the JSC was met with significant criticism.

Several organisations, including the Democratic Alliance (DA) and AfriForum, took legal action to challenge Hlophe’s appointment.

ALSO READ: MK party slams DA and NGOs opposed to Hlophe’s JSC designation

Earlier this year, Hlophe was impeached by the National Assembly and removed from the bench after the JSC found him guilty of misconduct.

‘Speaker’s role is limited’

On Monday, Didiza, who has been cited as a respondent in the litigation, submitted an “explanatory affidavit” to the Western Cape High Court.

The speaker, in the affidavit, emphasised her neutral stance and confirmed that she would respect the court’s decision.

Parliament spokesperson Moloto Mothapo indicated that Didiza aimed to steer clear of engaging in “arguments that political parties are better positioned to present if they choose to do so”.

“The review applications do not challenge a decision taken by the speaker. The speaker’s role is limited to ensuring that the procedures followed in Parliament are in line with the Constitution and parliamentary rules,” Mothapo said in a statement on Tuesday.

READ MORE: MKP Youth League claims AfriForum’s Hlophe application ‘baseless’

He stated that the speaker explained the appointment of members to the JSC was “primarily a political decision” and therefore, reflects the majority view of the MPs.

“The speaker also highlighted that neither the Constitution nor the rules of Parliament automatically disqualify Dr Hlophe from being designated to the JSC based on his past removal as a judge.

“This point underscores that the decision ultimately rests on political processes within Parliament, which are not within the speaker’s purview to challenge or endorse.

“The speaker has reiterated that all actions taken in Parliament, including the designation of Dr Hlophe, were conducted in accordance with the established rules and procedures.”

‘In the hands of the judiciary’

Mothapo added that Didiza was confident the legal challenge’s outcome would bring clarity to “this unprecedented set of facts”, considering the “complexity and potential implications for parliamentary processes and the judiciary”.

“The speaker has fulfilled her duties as prescribed, ensuring that all relevant information is placed before the court to enable a fair and equitable resolution.

“The matter now rests in the hands of the judiciary, and the speaker remains committed to upholding the principles of transparency, accountability, and respect for the rule of law,” Mothapo concluded.

READ MORE: Black Lawyers Association supports impeached judge Hlophe’s legal right to sit on JSC

Meanwhile, in a separate case, AfriForum took their challenge to the Constitutional Court (ConCourt).

In their court papers, the lobby group argued that Hlophe’s election to the JSC was “irrational, unlawful, and in conflict with the National Assembly’s constitutional duty”.

The organisation argued that Hlophe’s gross misconduct finding rendered him unfit to serve on the JSC.