Didiza doesn't plan on getting into political arguments over Hlophe's designation to JSC
In response to applications from the Democratic Alliance (DA) and three civil society organisations, Speaker Thoko Didiza said the legal challenge was not about a decision she had made.
Speaker of the National Assembly, Thoko Didiza. Picture: @ParliamentofRSA/X
CAPE TOWN - National Assembly Speaker Thoko Didiza says she doesn’t plan on getting involved in political arguments over the designation of MK parliamentary leader, John Hlophe, to the Judicial Service Commission (JSC).
At least four applications have been brought before the court to challenge his designation by Parliament in July.
Didiza’s now filed an affidavit in the Western Cape High Court on her view on the matter.
Hlophe plans to take up his seat on the Judicial Service Commission when it interviews candidates for new judges in October, the very same body that recommended his impeachment to Parliament after he was found guilty of misconduct.
In response to applications from the Democratic Alliance (DA) and three civil society organisations [Freedom Under Law, Corruption Watch and AfriForum], Speaker Thoko Didiza said the legal challenge was not about a decision she had made.
She said her role had been limited to ensuring Parliament acted in line with the Constitution and the House rules.
Designating MPs to serve on the JSC she said was primarily a political decision made by Parliament and reflected the majority view of the vote.
Furthermore, Didiza has pointed out neither the Constitution nor the rules of Parliament automatically disqualify Hlophe, based on his removal as a judge.
Parliamentary spokesperson, Moloto Mothapo: "Given the complexity and uniqueness of this issue, the Speaker will welcome the court’s guidance on the legal issues at play, and hope the court will also clarify whether the current parliamentary processes align with constitutional requirements."
The matter is expected to be heard in September.