DR John Hlophe, Leader of uMkhonto weSizwe in Parliament and former judge president. Image: Ziyaad Douglas
The Democratic Alliance(DA) has won a legal battle with costs against Parliament’s appointment of Dr. John Hlophe, deputy president of the opposition party uMkhonto we Sizwe (MK) and Member of Parliament, to the Judicial Services Commission (JSC). The judgment was handed down by the Western Cape High Court on Monday, June 2, 2024.
The former Western Cape judge president became one of the first two members of South Africa’s judiciary to be impeached since the country became a democratic state and was stripped of his title and denied access to his retirement funds. However, on July 9, 2024, the National Assembly voted to designate Hlophe as a member of the JSC, in terms of section 178(1)(h) of the Constitution, which functions to select fit and proper persons for appointment as judges and to investigate complaints about judicial officers.
DA Federal Council Chairperson, Helen Zille, stated that the High Court findings show Parliament’s violation of the Constitution by designating Hlophe to take up a seat on the commission. “As a previously impeached judge who breached his judicial oath, he was found to be unfit to continue serving as a judge, which undermines the integrity and compromises the legitimacy of any JSC process he may be involved in to appoint further judges,” Zille said.
Zille also shared that they have a common sentiment with the judgment of the High Court, which emphasized that “public confidence in the judiciary’s composition and administration of justice is vital.” Furthermore, according to Narnia Bohler-Muller, Divisional Executive – Developmental, Capable and Ethical State (DCES), at HSRC, highlighting high and low moments of Hlophe’s career, who she described as someone who was both brilliant and controversial, said that the former judge president’s impeachment came after he broke his oath of office by trying on different occasions to unduly influence fellow members of the judiciary to act unethically.
Bohler-Muller also added that Hlophe’s impeachment was an example to other members of the judiciary who may feel tempted to abuse their power. Zille celebrated the court order, saying that it is a victory for the rule of law and urged the JSC to appoint members who are fit, genuine, and above reproach.
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