MK Party says Hlophe's detractors should prepare for the possibility of him being president
MK parliamentary leader, John Hlophe, said that the applicants were trying to impose collateral consequences on him following his impeachment as a judge, beyond what’s prescribed in the Constitution.
The legal team for the MK Party and its parliamentary leader, John Hlophe, in the Western Cape High Court on 26 February 2025. Picture: Lindsay Dentlinger/EWN
CAPE TOWN - The MK Party said that John Hlophe's detractors should prepare for the possibility that the impeached former judge could become the country's next president.
His lawyer, Advocate Dali Mpofu, on Wednesday told the Western Cape High Court that it's a "fatal myth" that the National Assembly merely rubberstamped the nomination of Hlophe to sit on the Judicial Service Commission (JSC).
The Democratic Alliance (DA), Freedom Under Law and Corruption Watch have lodged separate applications in the Western Cape High Court to set aside that decision.
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But Hlophe's lawyer, Advocate Thabani Masuku, pointed out that there was no legal impediment to Hlophe taking up even higher office since being dismissed from the bench.
MK parliamentary leader, Hlophe, said that the applicants were trying to impose collateral consequences on him following his impeachment as a judge, beyond what’s prescribed in the Constitution.
Masuku said the fact that he was removed from the bench was irrelevant to his ability to do the job as a parliamentarian and thus also his suitability as a commissioner of the JSC.
"What happens if, for example, he becomes president? Are we going to be worried about the fact that he’s going to be appointing judges, such a sacred responsibility that a judge who’s been impeached cannot be given that responsibility?"
Mpofu agreed, saying it's a real possibility Hlophe could ascend to even higher political office.
"If the people decide tomorrow that Dr Hlophe or anyone else, Judge Motata or whoever should be the president of the country, that’s their decision."
Mpofu said the DA was trying to overturn a legitimate vote which the minority lost.
The hearing continues.