Neelam Rahim | neelam@radioislam.co.za
3-minute read
26 December 2024 | 13:51 CAT

The MK Party has again lost a bid to have its deputy president, John Hlophe, be part of the JSC. (Lubabalo Lesolle/Gallo Images)

The Western Cape High Court’s dismissal of Dr John Hlophe and the MK Party’s bid to appeal their exclusion from the Judicial Service Commission (JSC) has sparked significant discourse about the integrity of South Africa’s judiciary and the threats to its democratic principles.

Advocate Glynnis Breytenbach, the DA’s spokesperson on justice and constitutional development, strongly criticised Hlophe’s legal strategy, describing it as poorly conceived. “The papers filed were shocking, particularly those from the MK Party, which included baseless accusations against civil society organizations like Corruption Watch and Freedom Under Law, labelling them mouthpieces for white monopoly capital,” Breytenbach said in an exclusive interview with Radio Islam International.

The court found these submissions contemptuous, with Breytenbach emphasizing that such reckless claims undermine respect for constitutional democracy. She argued that Hlophe’s association with these allegations demonstrates his lack of fitness to serve both on the JSC and in public office.

The judgment also highlighted Hlophe’s resignation during the JSC’s October sittings—a move Breytenbach called a “transparent attempt to derail proceedings.” She noted, “We expect better from someone who led the Western Cape Division of the High Court for decades. Unfortunately, with Hlophe, expectations remain unmet.”

The DA remains resolute in its efforts to protect constitutional democracy from destabilizing forces. “The judiciary is a cornerstone of our democracy,” said Breytenbach. “The MK Party’s stated goal to dismantle the constitution and revert to pre-1994 parliamentary authority is a direct attack on South Africa’s hard-won freedoms. We will continue to defend the rule of law through legal action and robust parliamentary oversight.”

As South Africans reflect on this ruling, the importance of safeguarding the judiciary from political interference grows increasingly evident. Breytenbach concluded, “There is a better way forward—one rooted in upholding democratic values and ensuring equality before the law for all citizens.”

This case underscores the critical role of accountability in preserving the credibility of South Africa’s institutions.

Listen to the full interview on The Daily Round Uo with  Muallimah Annisa Essack and Advocate Glynnis Breytenbach here.