MK party slams case challenging Hlophe’s JSC appointment as ‘frivolous’

The uMkhonto weSizwe (MK) party has slammed the court case challenging the appointment of impeached judge John Hlophe to the Judicial Service Commission.

The Western Cape High Court in Cape Town heard urgent applications on Thursday brought by the Democratic Alliance (DA), Freedom Under Law (FUL), and Corruption Watch.

They argued that the National Assembly did not act rationally when it agreed to Hlophe’s recommendation to the Judicial Service Commission (JSC) by the MK party.

Hlophe, who became the first judge in the country’s history to be impeached, was elected in August to serve on the JSC, a body that appoints judges and regulates their ethical and professional conduct in South Africa.

‘Frivolous’

MK party spokesperson Nhlamulo Ndhlela said the application by the DA and other organisations was “frivolous”

“The clear intention of these organisations is to flood the courts and to waste the resources of the MK party in an attempt to shift our focus from the task of liberating Africans, the poor and marginalised. There can be no legal basis for the court to reverse a decision democratically taken by the elected representatives of the people of South Africa.

ALSO READ: AfriForum makes progress in a case to get Hlophe kicked off JSC

“The time has come for the courts to put a stop to this kind of political harassment of the MK party and its leaders, while abusing the machinery of the justice system,” Ndhlela said.

AfriForum ConCourt

Last month, AfriForum moved one step closer in its bid to have Hlophe’s appointment as a member of the JSC set aside in the Constitutional Court.

The apex court issued directives ordering respondents in the case to submit answering affidavits to AfriForum’s application for direct access to the court before the end of August.

In July, AfriForum, in its papers, argued that Hlophe’s election to the JSC was “irrational, unlawful, and in conflict with the National Assembly’s constitutional duty,” and seeks to have his appointment set aside.

In April 2021, the Judicial Conduct Tribunal found Hlophe guilty of gross misconduct. The decision was confirmed by the JSC, which recommended that Parliament impeach him. He was impeached in February following a vote in Parliament.

Hlophe’s conviction resulted from his attempts to unlawfully influence two judges of the Constitutional Court, judges Bess Nkabinde and Chris Jafta, in 2008 to rule in favour of Jacob Zuma in cases before them.

ALSO READ: National Assembly accused of ‘passing the buck’ to MK party over Hlophe’s JSC appointment