Hlophe’s appointment to JSC is morally bankrupt, says Fikile Mbalula

ANC secretary-general Fikile Mbalula has criticised the designation of impeached judge John Hlophe to the Judicial Service Commission (JSC) after some ANC MPs supported his nomination.

Mbalula said Hlophe’s appointment was “wrong” as the JSC found him to have committed gross misconduct. 

“I’m not against Hlophe, but it is wrong that you have been impeached and sit in the [JSC] committee and ask judges about the wrongdoings you yourself have committed. How do you do that, because a political party you belong to has decided you must sit there and question others? It is morally bankrupt and incorrect,” Mbalula said in a Newzroom Africa interview on Monday.

“Morally, if I were in the party [MK party] he belongs to, I would not have gone for that person, but given who [Jacob] Zuma is, he will do that.” 

Though Hlophe’s appointment to the JSC was supported by some ANC MPs, Mbalula said the party did not agree with the decision.

Political parties should analyse the gaps in the constitution that allowed individuals found guilty of wrongdoing to stand as public representatives, he said.

“What we need to do is address the issue of this impeached judge who is now part of the JSC, exploiting the gaps in the rules of parliament. We must look at the constitution to address the [issue of] individuals who have been impeached and now come back as public representatives to serve in the legislature,” he said.

His stance is in contrast with ANC chief whip Mdumiseni Ntuli, who previously defended Hlophe’s participation in the JSC.

“He has the right to participate in debate on any matter before the National Assembly, including a report from the JSC. What is it that we’re going to use to justify [barring him], without changing the rules of parliament or the constitution? What are we going to use to justify that he doesn’t deserve to sit in the JSC?” Ntuli asked.

Ntuli said the correct procedure would be to address the constitution before making decisions regarding Hlophe’s removal.

Hlophe’s appointment has been met with disapproval from other parties, including the DA, Freedom Front Plus (FF+) and ACDP, as well as civil rights organisation AfriForum, which has taken legal action against the appointment. 

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