Johnathan Paoli
THE Chief Whip of the African National Congress (ANC) Mdumiseni Ntuli has withdrawn the party’s motion for the National Assembly (NA) to designate Members of Parliament (MPs) to the Judicial Services Commission, to allow for further consultation.
Both the NA and the National Council of Provinces (NCOP) convened plenary sittings at the Century City Conference Centre on Tuesday to elect MPs to the JSC.
In terms of section 178(1) of the constitution, the JSC is composed of 25 members, divided more or less evenly between politicians and non-politicians.
This include: the Chief Justice, the President of the Supreme Court of Appeal, one Judge President designated by the Judges President, the Justice and Constitutional Development Minister or a designated alternate, two practising advocates, two practising attorneys, one legal academic, six MPs from the NA, four members from the National Council of Provinces (NCO) and four more persons designated by the president following consultation with the leaders of all the parties in the NA.
Nominations for the six MPs include Economic Freedom Fighter (EFF) leader Julius Malema seeking to retain his position as well as a former prosecutor for the National Prosecuting Authority (NPA) Glynnis Breytenbach being nominated by the Democratic Alliance (DA).
ActionSA has nominated veteran MP and parliamentary leader Athol Trollip, while the ANC has nominated both Molapi Soviet Lekganyane and Fasiha Hassan.
But the most interesting nomination came from the uMkhonto weSizwe (MK) party, who nominated impeached Western Cape Judge president John Hlophe.
Hlophe previously indicated that he would accept the nomination to the JSC if his party wanted to deploy him there, but that there were other committees he was interested in serving in including the justice portfolio committee and others in the justice and security cluster.
In terms of the constitution, retired judges are forbidden from taking up a political office or any other paid work, at the cost of their medical and pension benefits.
Judges Matter researcher Mbekezeli Benjamin previously said in light of Hlophe’s ongoing application in the Constitutional Court to have his impeachment set aside, a legal victory would mean either his resignation as a member of Parliament or the forfeiture of his judge’s benefits.
A simple majority vote is required for the nominations to be accepted.
However, many have expressed their shock at the nomination of Hlophe to the JSC.
Former Constitutional Court Judge Zak Yacoob accused Hlophe of never being independent and said his recent joining of the MK party has confirmed long-standing suspicions.
“I always thought he was not independent, and he has shown his true colours. I can say it now openly. At that time, he was a sitting judge, and it was hard for me, but now it is absolutely clear,” Yacoob said.
Meanwhile, nominations to serve in the Magistrates Commission include former communications minister Faith Muthambi who has been nominated by the ANC, Adrian Roos by the DA, Sibonelo Nomvalo by the MK and Omphile Maotwe by the EFF.
Cedric Frolick is set to retain the powerful chair of chairs position, having been nominated alongside Supra Mahumapelo and the IFP’s Zandile Majozi.
Other activities during the plenary include the revival of the Appropriation Bill, the election of House Chairpersons and members to represent the NA at the Pan-African Parliament and Southern African Development Community Parliamentary Forum.
It has been speculated by some that the withdrawal of the motion by the ANC is in order to consolidate nominations and take into account the requirements between parties representing the government of national unity.
A new date and motion for the election of MPs to the commission has not been released at the time of publication.
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