Advocate Dali Mpofu at the Western Cape High Court in Cape Town on 11 December 2023. Picture: Gallo Images/Brenton Geach
There was a tense exchange on Thursday as Advocate Dali Mpofu attempted to raise an objection during the legal proceedings involving former judge John Hlophe.
The Western Cape High Court in Cape Town is currently hearing urgent applications brought by the Democratic Alliance (DA) and other organisations, including Freedom Under Law (FUL).
In part A of the review application, the DA seeks interim relief to prevent Hlophe’s designation to the Judicial Service Commission (JSC).
ALSO READ: Didiza explains her stance on Hlophe’s JSC appointment
Part B of the application calls for the review and setting aside of the National Assembly’s decision to appoint Hlophe to the JSC, which was met with significant criticism.
To avoid potential conflicts of interest with Hlophe’s former colleagues, Gauteng High Court judges Colleen Collis and Selby Baqwa, along with Free State High Court Judge Johannes Daffue, have been appointed to preside over the case.
Mpofu, representing the uMkhonto weSizwe (MK) Party, argued on Thursday that the DA and Corruption Watch’s interdict applications were a waste of the court’s time.
The lawyer also objected to the court hearing FUL’s review application on the same day as the interdict, noting that the organisation was not seeking interim relief.
“These are not the right proceedings for the part B application. I don’t think I have to explain to the court the absurdity of the notion that you have a part B application being heard before part A because part A is pending part B,” he said.
READ MORE: MK party slams DA and NGOs opposed to Hlophe’s JSC designation
Baqwa reminded Mpofu that all parties involved in the case had the right to present their arguments, as they had been formally admitted to the proceedings.
“The court is alive to the matters that you are raising, therefore, you expanding on them doesn’t help and in fact, it detracts from the proceedings in terms of the time issue, which you are also aware of.
“So, I am saying at this point we don’t have to carry on. We have noted your objection, we are aware in what context raising it,” the judge said.
Mpofu persisted, arguing that the MK Party would face prejudice if the case proceeded as is.
Advocate Ismail Jamie, representing the DA, then intervened, requesting the court to enforce its directive.
“He is now attempting to persist with submissions in support of the objection.
“That is inappropriate, it is contrary to the court’s directions, it is an abuse, with the greatest of respect, of not only the court’s time, but all our time,” Jamie said.
“There is no way I’m not allowed to object. I have never heard of that,” Mpofu responded.
Baqwa reiterated to Mpofu that he had agreed to raise his objection and make submissions on the matter at a later stage.
READ MORE: AfriForum makes progress in a case to get Hlophe kicked off JSC
“You are now deviating from what we agreed on. Mr Mpofu can you please close now, otherwise I’m going to make an order against you,” the judge said.
Hlophe’s lawyer, Advocate Thabani Masuku, also addressed the court in defence of Mpofu.
“It’s a procedural absurdity to have an application for a final order granted in circumstances where the primary litigants of the case, which is the DA and Corruption Watch, brought to this court an interdict against my client.
“Now we have to listen to an argument on part B of the application. Mr Mpofu is correct,” Masuku said.
Meanwhile, DA federal chairperson Helen Zille defended her party’s position against Hlophe.
Speaking to the media before the proceedings began, Zille, accompanied by DA supporters, affirmed that the party respects the right of political parties to nominate representatives to the JSC.
“However, the appointment of an individual with a tarnished record to this critical role is a blatant disregard for the standards of integrity and propriety that our judicial system demands.
READ MORE: Black Lawyers Association supports impeached judge Hlophe’s legal right to sit on JSC
“It also exacerbates the public’s distrust in political processes,” she said on Thursday.
“The core issue today is whether someone with a history of misconduct should be allowed to participate in the selection of judges, a role that demands unimpeachable standards.
“Our challenge is not just a legal battle; it is a stand for the values of our constitutional democracy, ensuring that those who hold power within our judiciary are beyond reproach,” Zille added.
In February, Hlophe was impeached by Parliament and subsequently removed from the bench.
The former Western Cape High Court Judge President had been found guilty of misconduct by the JSC.
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