DA welcomes court victory against John Hlophe
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The Democratic Alliance (DA) on Monday celebrated its court victory against uMkhonto we Sizwe Member of Parliament Dr John Hlophe after the High Court found that Parliament violated the Constitution by designating Hlophe to take up a seat on the Judicial Service Commission (JSC).
Last year, the party filed papers against Hlophe’s designation to the JSC.
Hlophe is the first judge to be removed from office by the National Assembly, after the JSC found him guilty of dishonesty and gross misconduct. His conviction resulted from his attempts to unlawfully influence two judges of the Constitutional Court, Judges Bess Nkabinde and Chris Jafta, in 2008, to rule in favour of Jacob Zuma in cases before them.
In July last year, Hlophe was nominated by his party to serve on the JSC, which is responsible for nominating judges for appointment, and for disciplining judges.
DA Federal Council chairperson Helen Zille said the previously impeached Hlophe’s appointment to the JSC undermined the “integrity and compromises” the legitimacy of any process he may be involved in to appoint further judges.
She said her party pursued and won this case, to uphold the rule of law.
She highlighted that the court judgment stresses that “public confidence in the judiciary’s composition and administration of justice is vital”, adding that the High Court order to bar an impeached judge from serving on the JSC, is a victory for the rule of law, and the Constitution.
“The Judicial Services Commission must play its role as interviewing and disciplinary body for the judicial arm of government through members who are themselves fit and proper and above reproach,” she said.
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