Court set to hear challenges against Hlophe's designation to the JSC
The Democratic Alliance (DA), Freedom Under Law and Corruption Watch have all filed separate cases against Parliament, but their arguments will be heard at the same hearing on Thursday.
MK Party parliamentary leader John Hlophe sworn in as an MP on 25 June 2024. Picture: GCIS
CAPE TOWN - The Democratic Alliance (DA), Freedom Under Law and Corruption Watch will be before the Western Cape High Court on Thursday to challenge Parliament’s decision to send uMkhonto weSizwe (MK) Parliamentary leader John Hlophe to the Judicial Service Commission (JSC).
Hlophe, the former judge president of the court spent many years before the JSC interviewing candidates to become judges.
But it’s also the body that recommended he be impeached after serving on the bench for more than two decades.
On Thursday, the applicants will argue Parliament’s decision has been irrational.
Despite no legal impediment to an impeached judge becoming a Member of Parliament (MP) and then subsequently being designated as one of ten MPs to sit on the JSC, the complainants say the move is wholly improper.
They’ve all filed separate cases against Parliament, but their arguments will be heard at the same hearing on Thursday.
The DA is the only political party to challenge the move, although the African Christian Democratic Party (ACDP) and Freedom Front Plus objected when the matter was decided by the National Assembly in July.
It wants the court to urgently interdict Hlophe from taking up his seat, pending the outcome of a review to set aside parliament’s decision.
The DA's Karabo Khakhau:
“This body is responsible for judicial appointments and discipline. So there’s no way a person whose been found guilty of not being able to uphold the same discipline, can be designated to serve there from the National Assembly benches.”
Hlophe could take up his position as soon as October when the JSC will conduct interviews to fill vacancies in the country’s courts.
The vacancies include that of Western Cape High Court judge president which has been vacant since Hlophe’s suspension in 2023, pending his impeachment in February.