There was no barrier to House nominating Hlophe as JSC commissioner

CAPE TOWN - Speaker of the National Assembly Thoko Didiza said that there was no barrier to the House nominating impeached judge, John Hlophe, as a commissioner to the Judicial Service Commission (JSC).

She told the Western Cape High Court on Thursday it was not appropriate for her to defend the views of some political parties over others in a dispute over Hlophe’s designation.

The Democratic Alliance (DA), Freedom Under Law (FUL) and Corruption Watch were on Thursday before the court arguing that the National Assembly did not behave rationally when it agreed to Hlophe’s recommendation by the uMkhonto weSizwe (MK) Party.

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Representing the Speaker, advocate Adila Hassim noted it was unprecedented that the House was divided on the matter of designating commissioners to the JSC.

In the past, the decision to designate commissioners had always been reached by consensus.

Hassim said that the Speaker took reasonable steps to address concerns raised by some parties by postponing the matter when it first served before the House in June, to allow for more discussion by party whips.

But the Speaker said that she would not be taking sides and would abide by the decision of the court.

Earlier on Thursday, the DA argued that if Hlophe sat on the JSC, it would taint the selection of new judges and erode confidence in the judiciary.

Freedom Under Law also contends Hlophe's impeachment makes him unfit for the job, while Corruption Watch said that Hlophe remained unrepentant about his misconduct and was on record criticising the JSC and its processes.

The hearing continues on Friday.