Neelam Rahim | neelam@radioislam.co.za
3-minute read
05 June 2025 | 16:20 CAT

High Court bars impeached judge from JSC, reinforcing judiciary’s integrity and restoring public trust in constitutional oversight. (Photo: Tracy Lee Stark, The Citizen)

The Western Cape High Court has ruled decisively that the impeached former Judge President, Dr. John Hlope, cannot serve on the Judicial Service Commission (JSC), declaring his appointment unconstitutional. The judgment, hailed by civil society groups and legal experts, is being described as a crucial moment in safeguarding judicial credibility in South Africa.

The case was brought forward after Parliament approved Hlope’s appointment, despite his impeachment. However, the Court found that the National Assembly failed to exercise its discretion properly, undermining constitutional processes and eroding public trust.

Speaking to Radio Islam International, Corruption Watch attorney Nkululeko Conco stated, “The National Assembly hadn’t acted in a reasonable and rational manner. Their conduct, which amounts to administrative action, is subject to judicial review and failed on the grounds of rationality.”

The judgment further emphasized that Hlope’s presence on the JSC—a body that advises the President on judicial appointments and oversees the conduct of judges would damage its credibility. “To have the former Judge President of the Western Cape sitting on the JSC after being impeached does not allow for credibility – It weakens it,” Conco warned.

The Court also considered Hlope’s conduct after impeachment, particularly his ongoing criticism of the judiciary. “His continued attitude towards the judiciary doesn’t lend itself to respect for the rule of law,” the judgment noted, backing Corruption Watch’s contention that he was unfit to serve in such a sensitive role.

Civil rights organizations welcomed the ruling, stating it sends a clear message that those who fail ethical tests cannot be trusted with oversight powers. “It’s like having a fired school principal making decisions at a school governing body,” Conco remarked. “It’s untenable.”

Looking ahead, the judgment is expected to recalibrate how Parliament approaches appointments to the JSC. “There’s now a better understanding of what it means to be a ‘fit and proper person’ to serve on the Judicial Service Commission,” said Conco.

The ruling stands as a decisive step towards strengthening democratic institutions and restoring public confidence in the judiciary and parliamentary accountability.

Listen to the full interview on Radio Islam International with Moulana Habib Bobat and Corruption Watch attorney Nkululeko Conco.