DA seeks urgent interdict to stop Hlophe from serving on JSC
The DA’s federal chairperson, Helen Zille, said that it was irrational and inconsistent with the independence of the judiciary to have an impeached judge participate in the appointment of new judges.
MK Party parliamentary leader John Hlophe sworn in as an MP on 25 June 2024. Picture: GCIS
CAPE TOWN - The Democratic Alliance (DA) has approached the Western Cape High Court for an urgent interdict to stop the court’s former judge president, John Hlophe, from taking up a seat on the Judicial Service Commission (JSC).
Now the MK Party’s parliamentary leader, Hlophe was nominated as one of the National Assembly’s six commissioners to serve on the body two weeks ago.
He was removed as a judge by the House in February.
The DA’s federal chairperson, Helen Zille, said that it was irrational and inconsistent with the independence of the judiciary to have an impeached judge participate in the appointment of new judges.
In a two-part application, the DA is seeking to urgently stop Hlophe from serving on the JSC until the court reviews the National Assembly’s decision to designate him and hopefully sets it aside.
The JSC is expected to reconvene in October to fill vacancies in the country’s courts.
It's the same body that recommended to Parliament in 2022 that Hlophe be removed as a sitting judge on misconduct charges.
Zille said that the National Assembly erroneously believed it could not challenge the nominations made by parties.
"Once we achieve that interdict, which we believe is urgent, we will then ask the court to ensure that Parliament nominates or designates someone else to be a member of the Judicial Service Commission."
Zille said that while the MK Party has a right to nominate a candidate to serve on the JSC, Hlophe’s presence could render interviews for judges unlawful.