The Western Cape High Court has interdicted former Judge President John Hlophe from participating in Judicial Service Commission (JSC) processes pending a review of the National Assembly's decision to designate him as one of its representatives.
Dr John Hlophe. Picture: Armand Hough / Independent NewspapersTHE Constitutional Court must clarify the eligibility criteria for Judicial Service Commission membership by parliamentarians to help the seventh administration turn over a new leaf, says policy analyst Nkosikhulule Nyembezi.
Hlophe, who was impeached earlier this year, was designated by the National Assembly as one of its six representatives to the JSC. “Pending the determination of the merits of the applicant’s review of the National Assembly’s decision to designate the first respondent as its representative to the JSC, either in part B of this application, or by the Constitutional Court, whichever occurs first, Dr Hlophe is interdicted from participating in the processes of the JSC,” Judge Daffue said.
“The parties in Parliament that supported Hlophe’s nominations did so on a promise of introducing change in the JSC that explicitly referred to conduct and policy. Hlophe’s pride in his legal background and the values he took from it were a crucial part of his pitch during the Justice Department’s budget vote debate – and a point of difference with his opponents, whom the MKP pilloried for cronyism and a lack of probity,” Nyembezi said.
DA national spokesperson Karabo Khakhau welcomed the court decision as a landmark victory for the party and for the integrity of South Africa’s judiciary.
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