National Assembly erred in relying on convention to approve nominations to serve on JSC, says DA
The party is in the Western Cape High Court on Tuesday, challenging impeached judge John Hlophe’s designation to the body as the representative of the biggest opposition in the National Assembly, uMkhonto weSizwe (MK).
The DA, Freedom Under Law and Corruption Watch versus the Speaker of the National Assembly challenging the designation of the MK Party's parliamentary leader John Hlophe as a commissioner of the Judicial Service Commission in the Western Cape High Court on 25 February 2025. Picture: Lindsay Dentlinger/EWN
CAPE TOWN - The Democratic Alliance (DA) said that the National Assembly erred when it relied on convention to approve nominations to serve on the Judicial Service Commission (JSC).
The party is in the Western Cape High Court on Tuesday, challenging impeached judge John Hlophe’s designation to the body as the representative of the biggest opposition in the National Assembly, uMkhonto weSizwe (MK).
It told the court that Parliament behaved irrationally when it supported Hlophe's nomination, given that he was impeached by the legislature just four months prior on misconduct charges.
The DA said it would be irrational for an impeached judge to sit on the same body that interviews and recommends judges for appointment.
It further argued that the approval of six MPs to sit on the JSC should not be a political decision.
The DA said that the House should have considered how judicial independence would be advanced by having Hlophe return to the body he once sat on as the judge president of the Western Cape High Court.
Asked by the bench whether the credentials of the other candidates nominated from other parties should not also be scrutinised, advocate Ismail Jamie offered this reply.
"We have an issue with his designation. We are not saying the rest of them are saints, so they are hardly likely to be saints. But point being, we don’t have a particular issue with them. You can’t litigate each and every issue in the world."
Jamie said that Hlophe's nomination was not rejected during the vote because political parties didn’t believe they had a choice to do so given the way in which this process had always been conducted.