Hlophe judgment supports judiciary's independence: Freedom Under Law
Stopping impeached judge from serving on JSC 'a victory for the constitution'
Image: Freddy Mavunda
Freedom Under Law (FUL) has welcomed the judgment on Monday that the National Assembly’s decision to designate John Hlophe as a member of the Judicial Service Commission (JSC) was unconstitutional and invalid, and set it aside.
The full bench of the Western Cape High Court further declared that Hlophe may not serve on the JSC.
“The judgment establishes the important principle that the National Assembly is under a duty to ensure that the MPs it designates to serve on the JSC are suitable. It may not merely rubber-stamp the nominations of political parties,” said Judith February, executive officer at FUL.
FUL had challenged Hlophe’s designation, along with the DA and Corruption Watch. An interim interdict was previously granted to the DA and Corruption Watch to prevent Hlophe from taking up a position on the JSC at its October 2024 sitting. FUL had sought a final order, and its application was decided together with part B of the DA and Corruption Watch’s application.
In its judgment, the court held that the National Assembly made a material error of law by designating Hlophe as a member of the JSC without considering his suitability.
“FUL regards the decision as an important vindication of the independence and integrity of the judiciary, and a crucial affirmation of the importance of the JSC,” said FUL.
The DA said the court order to bar an impeached judge from serving on the JSC is a victory for the rule of law and the constitution.
FUL said it had consistently taken the view that it was manifestly inappropriate for Hlophe to serve as a member of the JSC, considering that he was removed from judicial office for gross misconduct, and considering his and the MK Party’s subsequent public statements attacking the integrity of the judiciary.
FUL said the judgment was also significant in that the court awarded punitive costs against the MK Party and Hlophe for a series of statements which the court found to constitute an ongoing effort to undermine the judiciary.
“This is an important measure to protect the judiciary from inappropriate and unjustified attempts to undermine it.”
The MK Party has indicated it plans to appeal the judgment.
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