FUL files legal challenge to MK's Hlophe serving on JSC
On Monday, the Democratic Alliance (DA) filed a similar case.
MK Party parliamentary leader, John Hlophe, in Parliament. Picture: @ParliamentofRSA/X
CAPE TOWN - A second case has been filed in the Western Cape High Court challenging the designation of MK parliamentary leader, John Hlophe, to serve on the Judicial Service Commission (JSC).
Legal watchdog, Freedom Under Law (FUL), wants the court to review and set aside the National Assembly's decision to include the impeached former judge among the six MPs to serve on the body that selects judges.
On Monday, the Democratic Alliance (DA) filed a similar case.
FUL said that the National Assembly's decision was unreasonable and irrational and it had improperly interpreted its constitutional powers.
Five months since being impeached as a high court judge, Hlophe's new appointment as an MP for the uMkhonto weSizwe (MK) Party is causing legal conundrums for the very House that removed him.
Freedom Under Law said that the National Assembly had not properly exercised its discretion in approving his nomination to the JSC.
Executive director, Judith February, added that Hlophe’s designation was incompatible with the Constitution, in terms of the legislature's obligation to ensure the independence and impartiality of the courts.
February further argued that Hlophe's appointment would undermine public confidence in the JSC and the impartiality of the judiciary.
Freedom Under Law said that the National Assembly took irrelevant factors into consideration when it approved Hlophe's nomination.
Some political parties argued that there were no rules precluding Hlophe from serving and it could not interfere in a political party’s choice of candidate.
Hlophe was the longest-serving judge president of a high court division when he was impeached after more than 20 years in the position for attempts to interfere in a case of the Constitutional Court.