uMkhonto weSizwe (MK) party parliamentary leader, John Hlophe at the Good Hope Chambers on 18 July 2024. Picture: Gallo Images/Ziyaad Douglas
uMkhonto weSizwe (MK) Party deputy president John Hlophe will be temporarily barred from serving on the Judicial Service Commission (JSC).
On Friday, the Western Cape High Court in Cape Town ruled on urgent applications brought by the Democratic Alliance (DA) and Corruption Watch.
The two applicants sought to prevent Hlophe from taking his seat on the JSC until part B of their litigation is finalised.
ALSO READ: National Assembly accused of ‘passing the buck’ to MK party over Hlophe’s JSC appointment
Part B of the applications, which includes Freedom Under Law (FUL), seeks a review and the annulment of Parliament’s decision to appoint Hlophe to the JSC — a move that has faced widespread criticism.
Hlophe was impeached following a vote by the National Assembly in February.
His dismissal as a judge arises from a JSC finding of gross misconduct.
The DA has since welcomed the high court’s judgment.
“The court’s decision affirms our position and strengthens the fight to maintain the highest standards of integrity within our judiciary,” DA’s national spokesperson, Karabo Khakhau, said in a statement on Friday.
Khakhau emphasised that the DA firmly believed Hlophe, due to his gross misconduct finding and impeachment, should not serve on the JSC, given the commission’s role in selecting judges and “upholding the highest standards of judicial integrity”.
“This ruling is a major step in safeguarding the independence and credibility of our judicial system.
READ MORE: JSC legal battle: Mpofu says DA wants to condemn Hlophe ‘for life beyond the grave’
“Allowing Dr Hlophe, who was impeached after a long and contentious legal process, to influence the selection of future judges would have severely damaged public trust in our judiciary and compromised the principles that uphold our democracy.
“Today’s ruling is a clear victory for all South Africans who believe in an impartial and ethical judiciary.
“It underscores that those tasked with overseeing and selecting our judges must be held to the highest standards of conduct,” she added.
On 6 September, Hlophe’s legal representative, Advocate Thabani Masuku, argued before the full bench — comprising Gauteng High Court judges Colleen Collis and Selby Baqwa, as well as Free State High Court Judge Johannes Daffue — that the DA was targeting his client.
Masuku stated that preventing Hlophe from serving on the JCS was limiting his rights as a Member of Parliament (MP) for the MK Party.
DA’s lawyer, Advocate Ismail Jamie, however, contended that Hlophe’s designation, although unprecedented, was an “error of law” and “irredeemably irrational”.
Additionally, Advocate Adila Hassim, counsel for National Assembly Speaker Thoko Didiza, indicated that the presiding officer would abide by the court’s decision regardless of the outcome of the legal battle.
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