MK Party could’ve nominated any MP to JSC other than impeached Hlophe, says DA
The DA said Hlophe couldn’t be part of the same Judicial Service Commission that impeached him earlier in 2024.
MK Party parliamentary leader John Hlophe sworn in as an MP on 25 June 2024. Picture: GCIS
JOHANNESBURG - The Democratic Alliance (DA) said the uMkhonto weSizwe (MK) Party could have nominated a member of Parliament (MP) to the Judicial Service Commission (JSC) other than impeached Judge President John Hlophe.
The High Court in Johannesburg on Friday heard an urgent application by the MK Party to halt the upcoming sitting of the JSC.
Hlophe was also dealt a blow when the Western Cape High Court interdicted him from interviewing judges.
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The MK Party said if Hlophe met the criteria to be a MP, then he could serve on the JSC.
However, the DA said Hlophe couldn’t be part of the same JSC that impeached him earlier in 2024.
“We maintain that we can’t trust the man to sit in a room that gets to decide on the appointment of other judges - other judges who are not only going to play a part in the appeal for his impeachment but also going to be playing an important role in deciding on cases that affect South Africans on a day to day,” said the DA’s Karabo Khakhau.
The JSC is due to meet in October to interview 51 candidates for 26 open vacancies in the country’s courts.
Karabo Khakhau, DA National Spokesperson, said the uMkhonto WeSizwe Party could have appointed anyone from their “shady” parliamentary caucus to serve on the JSC other than the impeached judge president, John Hlophe. TCG pic.twitter.com/vA2WLGa7a6
— EWN Reporter (@ewnreporter) October 4, 2024
The MK Party, as the official opposition in parliament, is entitled to designate one person to the JSC.
Hlophe's legal representative Vuyani Ngalwana said it was the prerogative of the political organisation to designate any member they want.
Ngalwana said if there are five and not six National Assembly members on the JSC, it will not be properly constituted, adding that the commission would be tainted if it proceeds without Hlophe.
Ngalwana said there is a risk of all JSC decisions and appointments taken during Hlophe’s absence being tainted if the party is successful in appealing the Western Cape High Court ruling.