Hlophe says he continues to be vilified for his impeachment as a judge
His lawyer, Advocate Thabani Masuku told the Western Cape High Court only a vindictive person would believe this disqualifies him from serving as a commissioner on the Judicial Service Commission which interviews and recommends judges for appointment.
MK Party parliamentary leader John Hlophe sworn in as an MP on 25 June 2024. Picture: GCIS
CAPE TOWN – UMkhonto weSizwe (MK) Party Parliamentary leader John Hlophe says he continues to be vilified for his impeachment as a judge, despite having left the judiciary and taken up a new role as a politician.
His lawyer, Advocate Thabani Masuku told the Western Cape High Court only a vindictive person would believe this disqualifies him from serving as a commissioner on the Judicial Service Commission which interviews and recommends judges for appointment.
The Democratic Alliance (DA), Freedom Under Law and Corruption Watch were all before the court on Thursday, to argue for the decision either to be referred back to the National Assembly or to be interdicted pending a review.
On Friday, Hlophe’s legal team and that of the party he represents will be opposing those requests.
Masuku says the applicants are wanting the court to moderate the thinking of parliamentarians.
He said the interim relief sought by the applicants is absurd because they are attempting to stop the National Assembly from exercising its constitutional obligations.
Masuku said the National Assembly has the autonomy to decide which six members will represent it on the JSC, other than being a Member of Parliament (MP), there are no other restrictions.
He said the court can’t be asked to impose additional criteria on the person’s character and to direct who may or may not be nominated to represent the legislature.
Masuku said it has always been a convention for the National Assembly to agree to the nominations put forward by the respective parties.
He said no other person with Hlophe’s extensive judicial experience has suffered the same humiliation and Hlophe continues to be punished for his past.
Impeachment, he said, does not preclude a judge from taking up other positions.
Masuku is expected to continue with his arguments on Friday.