On Monday the Western Cape High Court ruled MK Party deputy president John Hlophe's designation to the Judicial Service Commission (JSC) was unconstitutional and invalid.
The court's decision has sparked debate about judicial accountability and the integrity of the judiciary.
The JSC is the body that selects candidates for appointment as judges. It also investigates complaints about judicial officers and advises government on matters relating to the judiciary or the administration of justice.
The former judge president of the Western Cape was nominated to the JSC despite his impeachment for gross misconduct in 2021. He was found guilty of attempting to influence two Constitutional Court justices to rule in favour of then-president Jacob Zuma in the arms deal case in 2008.
Several parties, including the DA and the Freedom Front Plus, objected to Hlophe's nomination and brought the case to court, citing his history of misconduct.
The high court ruled the National Assembly failed to properly exercise its discretion in approving Hlophe's appointment, effectively undermining the credibility of the JSC. It said Hlophe's refusal to acknowledge wrongdoing or accept accountability raises concerns about his suitability for the role.
Hlophe and the party were ordered to pay costs on a punitive scale due to their statements undermining the judiciary. The MK Party has vowed to appeal the judgment.
POLL | Have Western Cape judges overreached in deciding ex-colleague Hlophe must not serve in JSC?
Image: Ziyaad Douglas
On Monday the Western Cape High Court ruled MK Party deputy president John Hlophe's designation to the Judicial Service Commission (JSC) was unconstitutional and invalid.
The court's decision has sparked debate about judicial accountability and the integrity of the judiciary.
The JSC is the body that selects candidates for appointment as judges. It also investigates complaints about judicial officers and advises government on matters relating to the judiciary or the administration of justice.
The former judge president of the Western Cape was nominated to the JSC despite his impeachment for gross misconduct in 2021. He was found guilty of attempting to influence two Constitutional Court justices to rule in favour of then-president Jacob Zuma in the arms deal case in 2008.
Several parties, including the DA and the Freedom Front Plus, objected to Hlophe's nomination and brought the case to court, citing his history of misconduct.
The high court ruled the National Assembly failed to properly exercise its discretion in approving Hlophe's appointment, effectively undermining the credibility of the JSC. It said Hlophe's refusal to acknowledge wrongdoing or accept accountability raises concerns about his suitability for the role.
Hlophe and the party were ordered to pay costs on a punitive scale due to their statements undermining the judiciary. The MK Party has vowed to appeal the judgment.
TimesLIVE
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