Freedom Under Law (FUL) has welcomed the decision by the Constitutional Court to dismiss uMkhonto weSizwe Party’s (MKP’s) leader in Parliament and impeached judge Dr John Hlophe’s appeal of the Western Cape High Court’s interdict that prevented him from sitting as a member of the Judicial Service Commission (JSC).

As a Judge, prior to his political career, Hlophe was removed from office by the National Assembly, following the JSC finding him guilty of dishonesty and gross misconduct for his attempts to unlawfully influence two Constitutional Court judges, in 2008, to rule in favour of Jacob Zuma in cases before them.

Last year, he was nominated by the Zuma-led MKP, the political party he joined following his removal from judicial office, to serve on the JSC, which is responsible for nominating judges for appointment, and for disciplining judges.

“FUL was one of the parties which challenged the National Assembly's designation of Dr Hlophe as a member of the JSC. Central to FUL's arguments was the clear view that for someone who had been removed from judicial office for gross misconduct to be a member of the body which is central to the selection of judges is unconstitutional and unlawful,” said FUL executive officer Judith February.

FUL further argued that the National Assembly was unreasonable and irrational in its decision to designate Hlophe as a JSC member and that it did not fulfil its constitutional obligation to protect the courts.

February said the ConCourt’s ruling, which came with costs against Hlophe, was important to prevent future “dilatory” court proceedings.

“This is an important measure to protect the court process from being stymied by unnecessary appeals as has so often been witnessed in South African courts in the past decade. FUL stands by its arguments as to why Dr Hlophe should not be designated as a member of the JSC, and awaits the final judgment of the Western Cape  High Court which is currently pending,” said February.