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  • keyboard_arrow_rightDA has filed papers to remove Dr. John Hlophe from the JSC

DA has filed papers to remove Dr. John Hlophe from the JSC

Zuko Komisa

Judge John Hlophe
Image | @polity.org.za

DA has filed papers to remove Dr. John Hlophe from the JSC.

In an attempt to prevent John Hlophe, the parliamentary leader of the MK party from joining the Judicial Service Commission (JSC), the Democratic Alliance has filed an urgent court interdict.

The party which now has representation in the 7th parliament has said that while they acknowledge that political parties have the right to suggest candidates for the JSC, this does not mean that Parliament can choose a former judge who was impeached for serious wrongdoing to serve on the committee that found him guilty of it.

“Our application is two-fold. In the first part we seek to urgently interdict John Hlophe from taking up a seat in the JSC, pending the outcome of the second part, in which we seek to review and set aside the decision by the National Assembly to designate him as one of the parliamentary representatives to the JSC.

It would be irrational for the National Assembly to have the same person, who has been impeached, representing it on the JSC, which is the body responsible for nominating Judges to appointment, and for disciplining Judges.

This designation of Dr Hlophe presents a clear conflict of interest and undermines the independence of South Africa’s Judiciary. The National Assembly is obligated to protect and uphold the Judiciary’s independence, integrity, and dignity, a responsibility the DA takes seriously.”

Democratic Alliance

Afriforum takes the matter to the Constitutional Court

AfriForum has launched legal action against the designation of former Western Cape judge president John Hlophe to the Judicial Service Commission (JSC). They have lodged their application to the Constitutional Court and served court documents electronically to the speaker of parliament Thoko Didiza, Hlophe, and the MK party.

Point of View with Phemelo Motene spoke to Legal Expert Mpumelelo Zikalala on the grounds Afriforum has to take this matter to court.

Listen to the full conversation here:

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