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

AfriForum is one step closer in its bid to get former Western Cape High Court judge president John Hlophe’s appointment as a member of the Judicial Services Commission (JSC) set aside in the Constitutional Court.

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

“The applicant must file a replying affidavit, if any on or before Wednesday, 4 September 2024,” the court said.

“Protecting rule of law”

In July, AfriForum in its papers said Hlophe’s election to the JSC was “irrational, unlawful and in conflict with the National Assembly’s constitutional duty” and wants his appointment set aside.

In a post on X, AfriForum CEO Kallie Kriel said the court’s issuing of the directives was an important development as this indicates that the court is 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.

"Dit maak ons ook nou selfs meer hoopvol dat Hlophe se aanstelling in die hoogste hof beveg sal kan word en dat hierdie aanstelling, wat die geloofwaardigheid en onafhanklikheid van die regbank kniehalter, ter syde gestel sal kan word,” verduidelik @kalliekriel.

— AfriForum (@afriforum) August 26, 2024

ALSO READ: AfriForum approaches ConCourt to get Hlophe kicked off JSC

Hlophe application

Kriel 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.

Hlophe, who became the first judge in the country’s history to be impeached, was elected earlier this 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.

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