Hlophe and MK Party's JSC sitting appeal dismissed
The court found that he would not suffer irreparable harm and that there would be no practical effect as Hlophe has already resigned from the JSC.
MK Party parliamentary leader John Hlophe sworn in as an MP on 25 June 2024. Picture: GCIS
JOHANNESBURG - The Western Cape high court dismissed John Hlophe and the uMkhonto Wesizwe Party’s application to appeal the interim interdict that barred him from sitting in the Judicial Service Commission interviews.
The court found that he would not suffer irreparable harm and that there would be no practical effect as Hlophe already resigned from the JSC.
The court earlier this year barred Hlophe from sitting in the October leg of the interviews after the DA and Corruption Watch urgently challenged the decision of the national legislature to designate the impeached judge to the JSC.
The superior court has found that Hlophe would not be prevented from fulfilling his obligations as a member of parliament and would only miss around two sittings of the JSC pending the finalisation of the main application.
The court added that the mere fact that the national legislature took a majority decision to designate Hlophe to the JSC, does not make it rational as one does not equate to the other.
It also found that the relief sought by the applicant becomes moot as he already resigned from the JSC and therefore, there is no basis for the court to grant the appeal.
The court said that Hlophe’s resignation from the body also does not invalidate its proceedings and simply creates a vacancy in terms of the Judicial Service Commission Act.