Parliament to take 'all necessary steps' to amend processes in making designations to serve on JSC

CAPE TOWN - Parliament said it would take the necessary steps to amend its processes in making designations to serve on the Judicial Service Commission (JSC).

This follows Monday's Western Cape High Court judgment that found the National Assembly had acted irrationally, and made a material error in law when it endorsed the nomination of impeached judge president, John Hlophe, to represent the uMkhonto weSizwe (MK) Party on the commission.

In the past, the National Assembly has merely always rubberstamped the six nominations from political parties as to who should represent them on the JSC.

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But in its judgment, the court said that the National Assembly neglected to exercise it powers fully by ensuring that the judiciary’s independence and integrity were protected when it designated Hlophe.

Following three legal challenges from the Democratic Alliance (DA), Freedom Under Law (FUL) and Corruption Watch, the court's ruled that a judge found guilty of misconduct may never serve on the JSC.

Parliamentary spokesperson, Moloto Mothapo, said that Parliament would abide by the court’s ruling.

"As this judgment bears implications for Parliament's internal arrangements, procedures, and processes relating to the designation of representatives to the JSC and other constitutional bodies, Parliament will take all necessary steps to ensure alignment with the court's findings. This includes instituting the appropriate processes to ensure that future designations comply with the constitutional principles outlined in the judgment."