Fight over Hlophe's designation to JSC by National Assembly to return to court

CAPE TOWN - The designation of MK parliamentary leader, John Hlophe, to the Judicial Service Commission (JSC) by the National Assembly is back in the Western Cape High Court on Tuesday.

The Democratic Alliance (DA), Freedom Under Law and Corruption Watch will argue in separate applications that the impeachment of the former judge president makes him unsuitable to sit on the body that interviews candidates for the bench.

For his part, Hlophe will argue to the contrary, that his judicial knowledge is an advantage and this case is politically motivated.

The applicants want the court to review the National Assembly’s decision and for the National Assembly to be ordered to take it afresh.

The MK Party's Hlophe was one of six National Assembly parliamentarians designated by the House last year to serve on the JSC.

However, the applicants in this matter were successful in blocking him from sitting on the JSC's October session, saying the misconduct findings against him by the same body made him unsuitable for the job.

The DA, Freedom Under Law and Corruption Watch want the court to rule that he can not be designated to the body.

Hlophe will argue that there's no constitutional provision barring an impeached judge from sitting on the body, while the MK Party will say the National Assembly followed its own rules and it was not forced to accept the party's nomination.

The Speaker won't be making any arguments before the court, saying an explanatory affidavit filed in the first part of this application last year suffices and she will abide by any court outcome.

The matter is set to be heard by three judges from outside the Western Cape division.