MPs want to revisit Parly rules so impeached judges can’t be elected as members
The call comes after impeached Judge John Hlophe was elected to represent the National Assembly on the JSC, which had found him guilty of gross misconduct.
FILE: Former Western Cape Judge President John Hlophe. Picture: judgesmatter.co.za
CAPE TOWN - Members of Parliament (MPs) want the rules of Parliament to be revisited to ensure impeached judges aren't able to be elected as members.
The call comes after impeached Judge John Hlophe was elected to represent the National Assembly on the Judicial Service Commission (JSC), which found him guilty of gross misconduct.
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Some parties objected to his nomination, citing his impeachment as a judge by the National Assembly a few months ago.
Hlophe may have been impeached by Parliament, but there are no rules precluding him from being an MP and serving on the JSC.
However, those opposed to Hlophe’s nomination – like the Democratic Alliance (DA), Freedom Front (FF) Plus, and African Christian Democratic Party (ACDP) – want the loophole in the rules addressed by Parliament.
“A member cannot be impeached by this House and then be fit and proper to serve in this House,” said FF Plus MP Wouter Wessels.
But African National Congress (ANC) chief whip Mdumiseni Ntuli said Parliament should rather clarify the rules that oppose Hlophe’s nomination before any decisions.
“The House should not take a position unless it has clarified its own rules where there’s a lacuna or gap in its own rules.”
However, not all parties opposed Hlophe’s nomination, with the Economic Freedom Fighters (EFF), African Transformation Movement (ATM), United Democratic Movement (UDM), and Al Jama-ah all supporting Hlophe to serve on the JSC.