Impeached Western Cape Judge Dr John Hlophe being sworn in a Member of Parliament. Photo:X/@LLunga18
Mixed views greeted the election of uMkhonto weSizwe (MK) party MP and impeached judge John Hlophe into the Judicial Service Commission (JSC).
The former judge president of the Western Cape was elected yesterday to serve on the JSC, a body that appoint judges and regulates their ethical and professional conduct in South Africa.
MPs were also elected to serve as commissioners on the JSC.
Hlophe was impeached for attempting to influence a judgment of the Constitutional Court on a matter pertaining to former president Jacob Zuma, who is now a leader of MK.
He was nominated by his party, with the surprising support of the ANC, but strong objections from the DA.
Parliamentary rules do not prevent an impeached judge from being appointed as a JSC commissioner, a reason put forward by the ANC to back Hlophe’s appointment. This surprised many because the ANC voted against Hlophe in February this year.
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Hlophe’s supporters celebrated his JSC appointment, saying it was a political ploy to stop his career from rising within the judiciary.
In fact his backers, who include MK and the EFF, envisaged Hlophe as the future chief justice of South Africa, before Mandisa Maya was earmarked to replace incumbent Raymond Zondo.
Legal expert and attorney Themba Langa said parliament would significantly benefit from Hlophe’s participation in the JSC.
He called him an “eminent legal scholar”.
“With his inclusion in the JSC, that on its own will probably dissuade some candidates from throwing their names into the hat as every candidate would expect their judicial reasoning and judgments to receive scrutiny from the former judge,” Langa said.
“Given that he has produced and built the careers of many lawyers and judges, he will bring that nurturing value to the JSC.”
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He said Hlophe’s long streak at the helm of the Western Cape High Court in Cape Town spoke to his “outstanding credibility and leadership” in the administration of courts.
He will bring such needed insight into the workings and burdens judges have to endure under the buckling pressure of increasing and overloaded court rolls, which is as a result of unabating crime statistics of South Africa.
“His impeachment as a judge was a political decision to remove him from the Western Cape High Court in Cape Town and to also exclude him from ascending to the ConCourt,” said Langa.
“Those who opposed his appointment to the JSC on the basis of ethics were merely being petty and hateful as his impeachment had nothing to do with his conduct on the bench, but had all to do with his political views.”
During the plenary session, DA MP George Michalakis noted that although it was the MK party’s prerogative to decide which person to send to the JSC, the party objected to Hlophe’s nomination.
“It is a matter of public record that Hlophe lost the status as a judge as a consequence of a finding of gross misconduct by the Judicial Service Commission,” said Michalakis.
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“We are of the view that it is neither reasonable nor rational to elect Hlophe as representative of the National Assembly.”
Michalakis warned of the possibility of future candidates requesting for Hlophe’s recusal during JSC interviews for court appointments.
He emphasised Hlophe’s gross misconduct finding rendered him unfit to serve on the JSC.
The African Christian Democratic Party and Freedom Front Plus also opposed Hlophe serving on the JSC.
MK party MP Sihle Ngubane defended the party’s chief whip, asserting the party cannot be dictated to regarding the selection of its candidates for the JSC.
Ngubane described the objection as “constitutionally repulsive”.
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