Ntuthuzelo Nene27 September 2024 | 12:49

MK Party says court decision preventing Hlophe from sitting on JSC is politically motivated

A Western Cape High Court judgment handed down on Friday prevents its former judge president from participating in the JSC.

MK Party says court decision preventing Hlophe from sitting on JSC is politically motivated

MK Party parliamentary leader, John Hlophe, in Parliament. Picture: @ParliamentofRSA/X

CAPE TOWN - The uMkhonto weSizwe (MK) Party said that Wednesday’s court's decision to stop John Hlophe from sitting on the Judicial Service Commission (JSC) was politically motivated.

A Western Cape High Court judgment handed down on Friday prevents its former judge president from participating in the JSC.

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Hlophe was appointed to the commission five months after he was impeached for gross misconduct.

The Democratic Alliance (DA) and several advocacy groups, including Freedom Under Law brought urgent applications to interdict Hlophe from serving on the JSC.

The DA also brought an application seeking to review parliament's decision to appoint Hlophe to the commission.

MK Party spokesperson, Nhlamulo Ndlela, said that the judgment was not surprising. 

"We just see this as the judicial system being used to settle political scores. The same GNU that impeached Judge Hlophe has now resurfaced and reared its ugly head and taking him on with his rightful constitutional role that he's playing, that allows him to do so within Parliament and Parliament draws its powers from the Constitution."

Meanwhile, the Democratic Alliance (DA) said that the Western Cape High Court's decision to bar Hlophe from taking up a seat on the JSC was a major step in safeguarding the independence and credibility of the judiciary.
 
DA national spokesperson, Karabo Khakhau, said that they welcomed the judgment.
 
"The court’s decision affirms our position and strengthens the fight to maintain the highest standards of integrity within our judiciary. It cannot be that an impeached judge, found guilty of gross misconduct, should now hold a position on the JSC, a body entrusted with the responsibility of selecting judges and upholding the highest standards of judicial integrity."