MK Party calls decision to bar John Hlophe from JSC a ‘lynching’

The uMkhonto weSizwe (MK) Party described the decision to bar former Judge President, John Hlophe, from taking up a seat at the Judicial Service Commission (JSC) as a “lynching” by an “incompetent, irrational, absurd and blatantly political judgment of the Western Cape High Court.”

Following two days of intense arguments earlier this month, the court on Friday handed down its judgment in an application by the Democratic Alliance (DA) and NGOs Freedom Under Law (FUL) and Corruption Watch for his recusal from the JSC.

The court ruled that the appointment of Hlophe to the JSC would inevitably undermine the independence, dignity and effectiveness of the country’s courts.

“Horror judgement”

The MK Party said the judgement is “regrettable but not surprising”.

Party spokesperson Nhlamulo Ndhlela said the “horror” judgment would be appealed immediately.

“The judgment purports to interdict Dr. Mandlakayise John Hlophe, individually, from performing his constitutional duties as an MK Party Member of Parliament appointed  to serve on the JSC pursuant to Section 178 of the Constitution.

“The judgment constitutes gross judicial overreach and disregards the provisions of the very Constitution it purports to uphold. It purports to interdict Dr Hlophe from participation in the JSC process, but the interdict remedy was not sought or granted against Parliament which voted to appoint him in the first place,” Ndhlela said.

ALSO READ: Hlophe’s JSC gig halted after court ruling

Prevent JSC sitting

Ndhlela said the party will also continue to “agitate and fight for the  abolishment of the biased ‘Roman-Dutch Law’, which has no place in an African society.”

“We further call on all those who cherish  freedom and respect the will of the people, as represented by Parliament to join the  MK Party to do whatever is necessary within the law to prevent the sitting of the JSC  scheduled for Monday 7 October 2024.

“This sitting cannot continue without the full  complement of JSC members as democratically designated by the National Assembly,” Ndhlela said.

Ndhlela said a detailed plan of action will be communicated next week after the party consults with its structures, the Progressive Caucus and other organisations

Hlophe impeachment

Hlophe, who became the first judge in the country’s history to be impeached, was elected in July month to serve on the JSC, a body that appoint judges and regulates their ethical and professional conduct in South Africa.

In April 2021, the Judicial Conduct Tribunal found Hlophe guilty of gross misconduct. The decision was confirmed by the JSC, which recommended that parliament impeach him. He was impeached in February after a vote in parliament.

Hlophe’s conviction resulted from his attempts to unlawfully influence two judges of the Constitutional Court, judges Bess Nkabinde and Chris Jafta, in 2008 to rule in favour of Jacob Zuma in cases before them.

NOW READ: AfriForum makes progress in a case to get Hlophe kicked off JSC