Neelam Rahim | neelam@radioislam.co.za

3-minute read
27 July 2024 | 15:39 CAT

CAPE TOWN, SOUTH AFRICA – JUNE 25: Former Western Cape judge president and uMkhonto weSizwe Party leader to Parliament, John Hlophe at the swearing-in ceremony of MK Party members at Goodhope Chamber on June 25, 2024 in Cape Town, South Africa. It is reported that the oath of office was administered to the 58 elected Members of the MK Party who were not available to be sworn in during the first sitting of the National Assembly on June 14. (Photo by Gallo Images/Brenton Geach)

Dr John Hlophe’s designation as a Judicial Services Commission (JSC) member remains a point of contention. The DA is now launching an urgent interdict in the Western Cape High Court against the uMkhonto weSizwe (MK) Party parliamentary leader’s assignment to the JSC.

The DA has been one of several political parties that have objected to Hlophe’s appointment to the JSC, while the ANC and EFF were among those who voted in favour of his nomination and appointment.

The DA’s application has two parts: Part A seeks an urgent interdict against Hlophe from taking up the position in the JSC, and Part B is a review application seeking to set aside the National Assembly’s decision to designate Hlophe as a representative at the JSC.

In the application, the DA argues that Hlophe’s participation in the JSC would render any recommendation it makes to the president unlawful and undermine the body’s integrity.

Therefore, the DA seeks to prevent Hlophe from serving on the JSC until the court determines the legality of his election to the commission.

The DA concludes that the MK Party had the opportunity to field a candidate other than Hlophe, whose image does not allow him to be part of the same institution that impeached him.

The application, dated July 19, cites Hlophe as the first respondent, the Speaker as the second, the JSC as the third, the MK Party as the fourth, and all other parties represented in the National Assembly as fifth respondents.

The DA said: “In February this year, the National Assembly resolved to remove Dr Hlophe from his position as a judge. It reached that conclusion based on the JSC’s finding that Dr Hlophe was guilty of gross misconduct for seeking to influence the outcome of a case concerning former president Jacob Zuma.

It accused the National Assembly of “wrongly” endorsing the nomination of Hlophe, saying: “The National Assembly wrongly seems to have taken the view that it had no choice but to accept MK Party’s nomination of Dr Hlophe. It erred. It was for the National Assembly to decide, after considering nominations from the relevant political parties, whom to designate – the only constitutional limitation is that three of the designated MPs must belong to opposition parties.”

The DA said the relief in Part A of the application was urgent as the JSC is set to sit in October.

You can listen to the full interview on The Daily Round-Up with Moulana Junaid Kharsany and the DA’s Karabo Khakhau here.