John Hlophe, deputy president of the MK Party (MKP), has been temporarily prohibited from participating in any activities related to the Judicial Service Commission (JSC) as the National Assembly’s decision to appoint him is under review, Cape {town} Etc reports.
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This ruling was issued by the Western Cape High Court following a request from the Democratic Alliance (DA) and the NGOs Freedom Under Law and Corruption Watch for Hlophe’s disqualification.
The case was heard by a full panel of judges appointed from the Gauteng High Court. The DA argued that it was unreasonable for Hlophe—who became the first judge to be removed from the bench in post-apartheid South Africa—to be involved in a body responsible for interviewing judicial candidates and overseeing the conduct of judges.
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DA spokesperson Karabo Khakhau praised the court’s ruling, calling it a significant victory for both the DA and the integrity of the judiciary. She stated, ‘This decision reinforces our commitment to uphold the highest standards within our legal system. An impeached judge, who has been found guilty of serious misconduct, should not be part of the JSC, a body charged with selecting judges and ensuring judicial integrity.’
Khakhau emphasised that this ruling is a crucial step in preserving the independence and credibility of the judiciary. ‘Allowing Dr. Hlophe, who faced impeachment after a protracted legal battle, to influence future judicial appointments would have severely undermined public confidence in our legal system and jeopardised the principles that are essential to our democracy.’
Hlophe’s removal stemmed from a JSC inquiry that concluded he attempted to sway two Constitutional Court judges in favour of Jacob Zuma regarding an arms deal corruption case back in 2008. Four months after his ousting, he was sworn in as a Member of Parliament for the MKP, representing the same assembly that dismissed him. In July, he was confirmed as a member of the JSC.
It is anticipated that Hlophe will file an appeal against this latest court decision.
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Picture: Lubabalo Lesolle / Gallo Images
