On Tuesday, July 23, the Democratic Alliance (DA) and civil rights organization AfriForum filed urgent applications with the Constitutional Court to remove former Judge President Dr. John Hlophe from the Judicial Service Commission (JSC). This legal action follows Hlophe’s recent election to the JSC, representing the National Assembly, despite being impeached for gross misconduct earlier this year.
The DA’s application aims to remove Hlophe from taking his seat on the JSC until a review of the National Assembly’s decision to appoint him is conducted. DA leader Helen Zille argued that it was irrational for the same body that found Hlophe guilty of misconduct to allow him to serve on the commission responsible for nominating and disciplining judges. “The decision undermines the role of the JSC and the integrity and independence of the judiciary,” Zille stated.
AfriForum also filed a separate application, requesting the Constitutional Court to declare Hlophe’s appointment irrational and unlawful. Kallie Kriel, CEO of AfriForum, expressed concern that Hlophe’s presence on the JSC undermines the credibility of the judiciary, given his previous conviction for dishonesty and interference in Constitutional Court matters involving former president Jacob Zuma.
The controversy surrounding Hlophe’s appointment has sparked significant debate. The DA and AfriForum argue that allowing Hlophe to serve on the JSC would compromise the body’s ability to maintain judicial integrity and independence. “It is unthinkable that aspiring judges’ ethics, integrity, and suitability to serve as a judge should henceforth be assessed by Hlophe,” Kriel added.
Hlophe’s nomination by the uMkhonto weSizwe (MK) Party was approved by the National Assembly despite the Parliament having previously impeached him. The decision to elect Hlophe to the JSC has been widely criticized, with many questioning the rationale behind appointing a judge found guilty of misconduct to a body that oversees judicial conduct.
Zille emphasized that the National Assembly had other options for representation on the JSC and could have chosen another MP from the MK Party. “It is free to nominate any other MP to be designated to sit on the JSC. But it is not entitled to designate Dr. Hlophe,” she asserted.
The legal actions taken by the DA and AfriForum reflect a broader concern about maintaining the integrity of South Africa’s judiciary. As the case proceeds, the focus will be on ensuring that the principles of judicial independence and ethical conduct are upheld
