Hlophe withdraws from JSC

Former judge John Hlophe will not serve on the Judicial Service Commission (JSC) after the uMkhonto weSizwe (MK) Party withdrew his appointment.

The MK party announced the withdrawal on Monday afternoon, following a formal letter addressed to National Assembly Speaker Thoko Didiza.

“This withdrawal takes effect immediately. The MK party will not allow the name of Dr. John Hlophe to be associated with or used to legitimise a patently misleading, fraudulent, and improperly constituted Judicial Service Commission,” the party’s statement reads.

Parliament has confirmed the receipt of the MK party’s letter.

Parliament confirms that the Speaker of the National Assembly has received a letter from the MK Party indicating its decision to withdraw their nomination of Dr. John Hlophe as one of the designated members of the National Assembly to serve on the Judicial Service Commission…

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The move follows Hlophe being barred from participating in the interviews by the JSC.

The JSC will conduct interviews to fill vacancies in various courts, including the Constitutional Court (ConCourt) and the Supreme Court of Appeal (SCA) from 7 to 16 October.

Hlophe interdicted from JSC interviews

Hlophe was initially interdicted from sitting in the judicial interviews by the Western Cape High Court on 27 September.

The high court granted the interim order to the Democratic Alliance (DA) and Corruption Watch.

The ruling is pending the outcome of a review application, seeking to overturn Parliament’s vote to appoint Hlophe to the JSC — a move that faced widespread criticism.

While the MK party filed an application for leave to appeal the interdict, it also submitted an urgent application last week.

READ MORE: JSC legal battle: Mpofu says DA wants to condemn Hlophe ‘for life beyond the grave’

This application, heard on Friday, October 4, challenged the JSC’s decision not to postpone the interviews.

However, the following day, the Gauteng High Court in Johannesburg dismissed the MK party’s case.

Judge Stuart Wilson found that the JSC remained properly constituted and can continue its work despite Hlophe’s absence.

Wilson further ruled that the commission’s decision to deny the postponement was correct and rational.

The DA had argued in court that a postponement would have led to wasteful expenditure of R3 million.

Hlophe impeachment

Hlophe was one of the six members of parliament (MPs) elected by the National Assembly to the JSC in July 2024.

This election followed his impeachment due to a JSC finding of gross misconduct.

The former judge joined the MK party, serving as its deputy president and leader in Parliament.

He was subsequently nominated by his party to the JSC, a body that appoint judges and regulates their ethical and professional conduct in South Africa.

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