Freedom Under Law, DA say not vilifying Hlophe, but are questioning National Assembly’s JSC call
Making their final arguments before the Western Cape High Court on Friday afternoon, the applicants said the National Assembly had the duty to act rationally.
MK Party chief whip John Hlophe speaks to the media after being sworn in as an MP on 25 June 2024. Picture: Lindsay Dentlinger/Eyewitness News
CAPE TOWN - Freedom Under Law and the Democratic Alliance (DA) say they are not attacking the character of uMkhonto weSizwe (MK) Party parliamentary leader John Hlophe, but rather questioning how the National Assembly exercised its powers to designate members to the Judicial Service Commission (JSC).
Making their final arguments before the Western Cape High Court on Friday afternoon, the applicants said the National Assembly had the duty to act rationally.
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Earlier, lawyers for Hlophe and the MK Party argued the applicants were hellbent on vilifying Hlophe, and wanted to punish him beyond his impeachment as a judge.
Freedom Under Law said it was not trying to persuade the court that an impeached judge should be disqualified from serving as a commissioner on the Judicial Service Commission.
The body interviews and recommends judges for appointment by the president, and it was the same body that recommended Hlophe’s impeachment to Parliament.
Advocate Wim Trengrove said Freedom Under Law believed the National Assembly did not exercise its discretion to promote the stature of the judiciary and act in the public interest when it chose to revert to convention by agreeing to the nominations put forward by the various parties.
For the DA, Advocate Michael Bishop said the National Assembly undermined the credibility of the JSC and its ability to do its work.
The matter has been heard by a full bench of justices - two from the Gauteng Division, Selby Baqwa and Colleen Collis - as well as Judge Johannes Daffue from the Free State.
Judgment has been reserved.