Designating Hlophe to JSC a 'deeply irrational' decision by the National Assembly, says FUL
Advocate Max du Plessis said by mere virtue of his impeachment as a judge, it’s destroyed John Hlophe’s suitability to serve on the JSC.
MK Party parliamentary leader, John Hlophe, in Parliament. Picture: @ParliamentofRSA/X
JOHANNESBURG - Freedom Under Law (FUL) says the National Assembly passed the buck when it approved the uMkhonto weSizwe Party (MK)'s nomination of impeached judge, John Hlophe to serve as a commissioner on the Judicial Service Commission (JSC).
Advocate Wim Trengove said the house should have exercised some discretion in whether the party's nomination was in the public interest and if Hlophe was the best candidate for the job.
Hlophe is one of ten Members of Parliament (MPs) nominated by parties to represent Parliament on the body that interviews and appoints judges.
Trengove was arguing before a full bench of judges seconded from the Gauteng division that the National Assembly erred when it didn’t consider Hlophe’s suitability.
FUL is one of two civil society organisations along with Corruption Watch challenging Hlophe's designation.
'DEEPLY IRRATIONAL' DECISION
FUL said designating a disgraced judge to the JSC has been a “deeply irrational” decision by the National Assembly.
The legal NGO said the National Assembly erred when it merely rubber-stamped the MK Party’s nomination without considering whether it was in the public interest.
Advocate Max du Plessis said by mere virtue of his impeachment as a judge, it’s destroyed Hlophe’s suitability to serve on the JSC.
Du Plessis said the National Assembly oversimplified its role in approving the designation, arguing that the candidate only needs to be an MP, and nominated equitably among parties.
Du Plessis added that the National Assembly has the duty to act reasonably, and failed to consider its own decision to impeach Hlophe just four months earlier.
He said Hlophe’s impeachment was not only on the basis of gross misconduct but for an egregious offence.
The JSC found that Hlophe had attempted to influence Constitutional Court justices in a matter involving former president Jacob Zuma.
Meanwhile, MK Party lawyer Dali Mpofu told the court he objects to FUL arguing the merits of the case before the court has considered the Democratic Alliance (DA)'s application for an urgent interdict.
The case continues.