The Democratic Alliance (DA) said it believes that it is not reasonable or rational to elect Umkhonto weSizwe Party’s (MKP) caucus leader in Parliament Dr John Hlophe as a representative of the National Assembly on the Judicial Services Commission (JSC).

The MKP nominated the impeached former judge president of the Western Cape Hlophe to serve in the JSC.

On Tuesday, the National Assembly voted for House Chairpersons and members to represent Parliament on the JSC, Pan-African Parliament and the South African Development Community Parliamentary Forum.

Hlophe was removed from his office as a judge for gross misconduct after it was found that he tried to influence Constitutional Court justices to decide a politically sensitive case in favour of former President and present MK leader Jacob Zuma.

The finding of gross misconduct was made by the JSC and the courts, and Parliament impeached him.

The newly formed South African Parliament is expected to vote on MPs who will be deployed to the JSC on Tuesday, after the motion was previously withdrawn last week.

The DA, along with the Freedom Front Plus and the African Christian Democratic Party, recorded their objections to Hlophe serving on the JSC, with DA Chief Whip George Michalakis highlighting that it was a matter of public record that Hlophe lost the status as a judge of the High Court in South Africa as a consequence of a finding of gross misconduct by the JSC.

“The decision to be taken today is furthermore not merely a political decision, but the exercise of a public power aimed at contributing to the establishment of the very same Judicial Services Commission,” Michalakis said.

He highlighted that the National Assembly must act in a reasonable and rational manner.

“The second reason why Parliament should not elect Dr Hlophe is to be found in the Constitutional obligation which we as members of the National Assembly enjoy to assist and protect the Judiciary in order to ensure its independence, impartiality, dignity and effectiveness,” said Michalakis.

DA spokesperson on Justice and Constitutional Development advocate Glynnis Breytenbach highlighted that it would be irrational for the National Assembly to have the same person impeached representing it on the JSC, saying this is a clear conflict of interest and an attempt to undermine the independence of the judiciary of South Africa.

The National Assembly was bound to protect and assist the judiciary's independence, integrity, and dignity, which the DA did not take lightly, she added. 

"Persons elected to represent the National Assembly on the JSC must hold such values, which cannot be said for Hlophe. We risk undermining the JSC processes for the election of judges and their investigations into judges' conduct, endangering the rule of law in South Africa and the proper functioning of the judiciary," Breytenbach said. 

Six civil society organisations have written to National Assembly speaker Thoko Didiza expressing deep concern about the possibility of Hlophe becoming one of the assembly’s representatives on the JSC.

Freedom Under Law, the Council for the Advancement of the SA Constitution, Judges Matter, Helen Suzman Foundation, Defend our Democracy and the Ahmed Kathrada Foundation, have urged parliament not to vote to designate Hlophe as a member of the JSC “to protect the integrity of the JSC, the judicial appointments process, and the judiciary”.