MK party nominates John Hlophe for JSC

The uMkhonto weSizwe (MK) Party has nominated impeached Western Cape High Court judge John Hlophe for a seat on the Judicial Service Commission (JSC).

Members of the National Assembly (NA) will sit to decide which members will form part of their respective delegations to the JSC on Tuesday.

Hlophe was impeached earlier this year after 305 MPs voted in favour of his impeachment and 27 against it, following a debate riddled with accusations of racism in the judiciary.

His impeachment came after a recommendation of Parliament’s Portfolio Committee on Justice and Correctional Services, following a gross misconduct guilty verdict by the (JSC).

The JSC found Hlophe had acted improperly when he attempted to sway two Constitutional Court justices in favour of MK leader Jacob Zuma.

Hlophe was said to have attempted to overturn warrants used to seize 93,000 pages of corruption trial evidence against Zuma in 2008. He denied the claim.

Hlophe to make a return?

Now he has been nominated to represent the same parliament that voted for his impeachment on a commission that found him guilty of gross misconduct.

Other nominees are Soviet Lekganyane (ANC), Fasiha Hassan (ANC), Glynnis Breytenbach (DA), Julius Malema (EFF) and Athol Trollip (ActionSA).

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According to the Constitution, the NA is required to designate six members to represent the Assembly at the JSC. At least half of the NA members must come from the opposition.

Members of the NA have the option to object to any nominee before the vote is taken. A majority vote is needed for the NA to select representatives to send to the JSC.

‘Choose wisely’

Judiciary watchdog Judges Matter called for parliament to select members who will protect the judiciary.

“Section 165(4) of the Constitution requires all organs of state — including Parliament — to take all measures to protect the courts and ensure their independence, impartiality, dignity, accessibility and effectiveness,” said Judges Matter.

ALSO READ: ‘No shred of integrity’ – Judges Hlophe and Motata impeached by Parliament

“Both JSC and the Magistrates Commission are fundamental to the operations of our judiciary. They appoint judicial officers, hold them accountable to high ethical standards of conduct, and advise the government on measures to improve access to justice.

“Members of Parliament play a crucial role in both commissions by ensuring that — as public representatives — the concerns of ordinary South Africans are taken up within the judiciary.

“While MPs are not required to be legally trained, they are required to display the highest ethical standards and take their roles seriously, as they will sit in judgment of the ethics of lawyers aspiring to be judicial officers.”

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