ActionSA writes to Parly Speaker to deal with implications of Hlophe's interdict

CAPE TOWN - ActionSA has written to Speaker Thoko Didiza and Parliament to urgently deal with the implications of an interdict preventing the uMkhonto weSizwe (MK) Party's John Hlophe from serving on the Judicial Service Commission (JSC).

ActionSA's parliamentary chief whip, Lerato Ngobeni, wants the joint constitutional review committee to address what it calls “contradictions” in the standards applied to public office eligibility.

This comes after the Western Cape High Court last week temporarily interdicted Hlophe’s participation in the JSC’s interviews scheduled for next week.

In her letter to Didiza and the constitutional review committee, Ngobeni says ActionSA is not engaging with the merits of the arguments for or against Hlophe’s ability to serve on the JSC.

ALSO READ: Hlophe being on JSC will taint selection process of new judges, DA tells court

She says their concern instead lies with the implications of the interdict regarding what it calls the "inconsistent application of standards used to determine a person’s eligibility to hold public office, particularly at the level of a lawmaker”.

Ngobeni writes that on the one hand, Hlophe’s election to Parliament “should signify his competence and ability to represent South Africans,” while on the other hand, the judgment questions his fitness for the JSC.

Ngobeni says ActionSA is referring the matter to the committee because they believe it highlights an “urgent need” for constitutional reforms to address apparent contradictions in the eligibility criteria for public office.

While the MK Party asked the JSC to postpone next week’s interviews, the commission has decided to go ahead without Hlophe despite threats of legal action.