Hlophe says he will revive legal challenges against his impeachment as a judge
John Hlophe’s lawyer, Thabani Masuku said he already paid the ultimate price by being removed from the bench, and he can’t continue to be punished and prohibited from playing a meaningful role in society.
MK Party parliamentary leader, John Hlophe, in Parliament. Picture: @ParliamentofRSA/X
CAPE TOWN – UMkhonto weSizwe (MK) Parliamentary leader John Hlophe says he will revive his legal challenges against his impeachment as a judge, as soon as funds allow.
On Friday, the Western Cape High Court resumed a hearing into whether the National Assembly erred in allowing his designation to the Judicial Service Commission (JSC), the body which recommended his impeachment.
His lawyer, Thabani Masuku said Hlophe’s already paid the ultimate price by being removed from the bench, and he can’t continue to be punished and prohibited from playing a meaningful role in society.
READ: Hlophe says he continues to be vilified for his impeachment as a judge
With the lawfulness of Hlophe’s impeachment as a judge still under review, Masuku said he must be allowed to perform his duties as a Member of Parliament (MP) unhindered.
Masuku argued Hlophe’s party, uMkhonto weSizwe, has the right to nominate him to perform any Parliamentary duties it sees fit.
To interdict him from performing any of these duties including serving as a JSC commissioner would be unconstitutional, added Masuku.
As a JSC commissioner, Hlophe would be responsible for interviewing candidates to fill vacancies in the country’s courts, the same job he performed as a former judge president.
Masuku said an interdict to block him from taking up the seat as requested by the Democratic Alliance (DA) would violate the National Assembly’s authority to make decisions, and to rely on Hlophe’s judicial experience.
Freedom Under Law and Corruption Watch also want the National Assembly to reconsider its decision to designate Hlophe to the JSC.