Akani Nkuna
Speaker of the National Assembly, Thoko Didiza, has found that the designation of John Hlophe as one of the six representatives of the Judicial Service Commission (JSC) is in accordance with the Constitution.
Following the controversy surrounding Hlophe’s appointment, Didiza said on Tuesday that all actions taken in Parliament, including Hlophe’s designation, were conducted in accordance with the established rules and procedures, and that there is no rule or Constitutional provision explicitly barring a Member of Parliament (MP) from being nominated to serve in the JSC.
“Neither the Constitution nor the rules of Parliament automatically disqualify Dr Hlophe from being designated to the JSC based on his past removal as a judge,” she said.
Opposition parties, such as the DA and civil groups including Afriforum, Corruption Watch and Freedom Under Law objected to Hlophe’s designation to the JSC saying his appointment would affect the propriety, legality and integrity of the commission.
The MK party, however, defended Hlophe who is its parliamentary leader, and accused the DA and the civil groups which sought to interdict his appointment as being racist and hypocritical.
EFF national Chairperson, Veronica Mente, also came out in support of the Hlophe’s.
“He is the most qualified person, and it is very much interesting because now we are going to have a combination of the most intelligent people in the JSC which includes president of the EFF, Julius Malema,” she said.
Following standard parliamentary rules and processes, the National Assembly passed a motion designating Hlophe to the JSC, earlier this year in July.
Hlophe served as Judge President of the Western Cape Division of the High Court from 2000 until he was impeached in March 2024 – the first judge in the post-apartheid dispensation to be expelled from the bench.
He was impeached by the JSC and the Judicial Conduct Tribunal for improper conduct wherein he attempted to influence two Constitutional Court Justices to violate their oaths of office in a matter involving former president Jacob Zuma.
Following his impeachment, Hlophe started his political career by becoming a member of the MK party which he leads in Parliament.
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