Former Western Cape High Court Judge John Hlophe’s recent nomination to the Judicial Service Commission (JSC) has ignited significant debate within the South African Parliament.
Despite objections, Hlophe, who serves as the Umkhonto WeSizwe (MK) party’s chief whip, was nominated and will serve on the JSC.
On Tuesday, the National Assembly convened at Cape Town City Hall to elect representatives for various forums, including the JSC. During this session, Democratic Alliance (DA) MP George Michalakis expressed strong opposition to Hlophe’s nomination.
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He underscored that Hlophe had lost his status as a judge due to a finding of gross misconduct by the JSC, thereby questioning his suitability for the role.
Michalakis argued that the National Assembly has a legal obligation to act reasonably and rationally. He stated that nominating Hlophe undermines the integrity of the JSC and could lead to future complications.
The DA MP warned that Hlophe’s past misconduct could prompt future candidates to request his recusal during JSC interviews for court appointments, potentially paralyzing the commission.
The African Christian Democratic Party (ACDP) and Freedom Front Plus (FF Plus) also opposed Hlophe’s nomination. They echoed similar concerns about Hlophe’s past conduct and its implications for the JSC’s functionality.
Despite the objections, the MK party exercised its prerogative to nominate Hlophe, a decision that continues to stir debate within parliamentary circles.
See how the debate went below:
MK party defends Hlophe
MK party MP Sihle Ngubane defended the party’s chief whip, asserting that the party cannot be dictated to regarding the selection of its preferred candidates for the JSC.
Ngubane described the objection as “constitutionally repulsive”.
“More importantly, the rules of the National Assembly do not prescribe the minimum requirement for the delegation or appointment of members to any of its forums such as the JSC.
“The MK party has done a huge justice to the House to bring into the lawmaking House a PhD graduate in law from [the University of] Cambridge to come and assist the House to make the laws of this country,” he said.
Economic Freedom Fighters (EFF) deputy president Floyd Shivambu also fully supports Hlophe, criticising some of the DA’s ministers who, despite lacking qualifications, serve in Cabinet.
Hlophe received support from the ANC, ATM, Al Jama-ah, UAT, and UDM.
Hlophe will serve on the JSC alongside ANC MPs Molapi Soviet Lekganyane and Fasiha Hassan, DA MP Glynnis Breytenbach, EFF leader Julius Malema, and ActionSA’s Athol Trollip.
Judges Matter, a judicial monitoring group, has since voiced unhappiness with the National Assembly’s decision to elect Hlophe to the JSC.
The group believes the move undermines the JSC’s credibility and the judiciary’s integrity.
“It is a cruel irony that aspirant judicial officers will be assessed on their ethics, integrity and fitness for judicial office by commissioners who themselves have been found guilty of misconduct.
“Judges Matter reiterates our call for a written code of conduct for all commissioners, with a mechanism to recall those commissioners who do not uphold the terms of the code,” Judges Matter researcher, Mbekezeli Benjamin said recently.
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