Neelam Rahim | neelam@radioislam.co.za

3-minute read
14 July 2024 | 09:06 CAT

Former Western Cape judge president and uMkhonto weSizwe Party leader in parliament, John Hlophe, at the swearing-in of MPs in Cape Town. Image: Brenton Geach

The criticism regarding the election of disgraced judge John Hlophe to represent the National Assembly on the Judicial Service Commission continues. Civil Society Group Freedom Under Law (FUL) noted the National Assembly’s decision and plans to challenge it in court.

The impeached Western Cape judge president is one of six National Assembly members who will serve on the JSC.

On Tuesday, the National Assembly elected Hlophe to the JSC, along with Molapi Lekganyane, Fasiha Hassan, Glynnis Breytenbach, Julius Malema, and Athol Trollip, to represent Parliament.

Hlophe was removed from his office as a judge for gross misconduct after it was found that he tried to influence Constitutional Court justices.

The JSC and the courts made the finding of gross misconduct, and Parliament impeached him.

Freedom Under Law says it is inappropriate and irrational for an individual found to have committed gross misconduct and removed from judicial office to be now able to decide on the suitability of candidates for judicial appointment.

“It is well known that Hlophe was removed as a judge for committing serious misconduct, and to have someone who has those adverse findings against him be involved in the appointment of judges is completely inappropriate, irrational and undermines public confidence in the judiciary and legal system,” said Freedom Under Law’s Chris Oxtoby.

“We strongly believe that it is susceptible to legal challenge, and it was a mistake for Parliament to have voted for his designation as JSC commissioner,” Oxtoby added.

The JSC, comprised of 23 members, is tasked with assessing and recommending potential judge candidates and considering complaints against judges.

The ANC has lost one seat on the JSC due to GNU concessions to accommodate smaller parties. It previously held three of the six seats allocated to members of the National Assembly and is now down to two.

Listen to the full interview on The Daily Round Up with Moulana Junaid Kharsany here.