MK Party rubbishes claims that Hlophe would improperly influence prospective judges if he served on the JSC

CAPE TOWN - The MK Party has rubbished claims that its parliamentary leader, John Hlophe, would improperly influence prospective judges if he were to serve on the Judicial Service Commission (JSC).

Party lawyer, Dali Mpofu, said that Hlophe had indicated in an affidavit to the court that he would abide by his oath as a representative of Parliament.

Arguments on Wednesday wrapped up in the matter in which the Democratic Alliance (DA), Freedom Under Law and Corruption Watch asked the court to set aside Hlophe's designation to the JSC, arguing that an impeached judge would dent the public’s confidence in the judiciary.

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Hlophe sat on the JSC for more than two decades as the former judge president of the Western Cape High Court to interview candidates for the bench.

Mpofu said the DA had brought this case against him to get the court to impose sanctions on him beyond the punishment of impeachment which ended his legal career.

But DA advocate, Michael Bishop, said it was not untoward to ask the court to consider instances that were not clearly prescribed in law, as it did when it asked for a review of the appointment of former National Prosecuting Authority (NPA) head, Menzi Simelane.

"There's nothing unusual about interpreting the Constitution to impose requirements on public officials beyond those that are expressly stated in the Constitution."

In response, Mpofu said that Simelane, who was in court alongside him, demonstrated that not even a court-imposed sanction could end someone’s career forever.

In 2011, the high court found Simelane's appointment by former President Jacob Zuma to have been irrational and invalid after the DA called into question his integrity and experience.

"So it means, he, Mr Simelane, was allowed to be a member of a profession that upholds section 165, so you can’t ban people forever."

Hlophe’s lawyer, Thabani Masuku, again indicated that Hlophe planned to challenge his impeachment when the finances allowed.

Judgment in the matter has been reserved.