The judgment handed down by the Western Cape High Court against Dr John Hlophe sounds like a Christmas melody to the DA. Picture Courtesy: News24
(The Post News) – The judgment handed down by the Western Cape High Court on Friday, 27 September 2024, against the Umkhonto weSizwe Party’s deputy president, Dr John Hlophe, doesn’t sit well with the party. Dr Hlophe was temporarily interdicted from taking part in any Judicial Services Commission (JSC) activities.
Judge Johannes Daffue handed down the judgment in an application by the Democratic Alliance (DA), Corruption Watch, and Freedom Under Law (FUL) after they each applied to have Dr Hlophe recused from the JSC separately.
However, the judgment handed down by the court tastes sour to the party. The office says, “The MK party notes with great disappointment but with no surprise because as we have always said. This judicial system is captured. This is not a judgment but a political ploy to ensure that Judge John Hlophe does not participate in the JSC. More than anything else, the reality is that the National Assembly draws its powers from the Constitution and, by that, is allowed to make its own rules.
For a court and some judges to now want to conclude that they can now determine whether the National Assembly applied the laws of the back of the constitution correctly or not for him to participate in the JSC, which he is supposed to be allowed to as a member of the National Assembly. And then, coming to this conclusion just demonstrates that the judicial system is now entering the political landscape. It is getting deeper,” says the MK party’s office.
Furthermore, the party claims the agenda of the DA to prevent Hlophe from partaking in JSC activities was concerned its candidate for the Western Cape Judge President would scuppered. “Because they know very well where Judge [Hlophe] exists he always excels. And whether he excels, they won’t exist. That is their biggest problem,” adds the office.
Similarly, Action SA is another party that agrees the judgment was unfair. “We believe these underscore the urgent need for constitutional reforms to clarify the glaring contradictions in eligibility criteria for the public office, representing a clear constitutional blind spot,” concludes Lerato Ngobeni, the party’s parliamentary chief whip.
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