Top court must rule on appointment of John Hlophe to JSC, says AfriForum

Civil rights organisation AfriForum has launched legal action against the designation of former Western Cape judge president John Hlophe to the Judicial Service Commission (JSC).

Earlier in July, Hlophe was appointed as one of six MPs to serve on the JSC by the National Assembly. This came five months after he was impeached as a judge for gross misconduct.

AfriForum CEO Kallie Kriel said the organisation had lodged its application to the Constitutional Court and served court documents electronically to speaker of parliament Thoko Didiza, Hlophe and the MK party.

“AfriForum requests the Constitutional Court in its court application to declare Hlophe’s appointment [to the JSC] is irrational, unlawful and in conflict with the National Assembly’s constitutional duty,” Kriel said.

“It is unthinkable that the ethics, integrity and suitability of aspiring judges should be assessed by Hlophe as a member of the JSC. This is specially concerning since Hlophe was earlier found unfit to serve as a judge by the JSC due to his dishonesty and gross misconduct.”

Kriel explained why the organisation approached the apex court instead of lower courts: “It is essential that AfriForum fights Hlophe’s appointment in the highest court because his presence in the JSC seriously undermines the credibility and independence of the judiciary, while it also undermines the rule of law.”

He said Hlophe's appointment to the JSC was contrary to the constitution. Kriel believed Hlophe’s participation in conducting interviews for prospective judges would violate public trust in the judiciary.

Hlophe’s appointment to the JSC was rejected by the DA, FF Plus and ACDP while the ANC, MK party, EFF, UDM, ATM, Al-Jama-ah and UAT supported it.

The MK party argued that Hlophe qualified to be on the JSC because he was an MP.

“Members who qualify to be in the JSC are MPs and therefore bound by their oath of office. The constitution, in its wisdom, does not regulate the qualifications of members to sit on the JSC,” said the MK party’s chief whip, Sihle Ngubane.

Hlophe became the first judge in SA to be impeached from judicial office.

The JSC found Hlophe attempted to influence Constitutional Court judges Chris Jafta and Bess Nkabinde to rule in favour of former president Jacob Zuma and arms company Thint, formerly Thales, on corruption charges in March 2008.

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