Sameera Casmod | sameerac@radioislam.co.za
30 September 2024 | 15:53 SAST
1-minute read

Picture: Freepik

The Western Cape High Court has issued an interim interdict preventing impeached judge John Hlophe from participating in the activities of the Judicial Service Commission (JSC), pending a review of the National Assembly’s decision to appoint him to the body.

The ruling follows a legal challenge brought by the Democratic Alliance (DA), Freedom Under Law, and Corruption Watch.

Hlophe, the first judge in democratic South Africa to be impeached, was found guilty of misconduct by the Judicial Conduct Committee and later impeached by the National Assembly. Despite this, Hlophe was nominated to serve on the JSC, the very body responsible for upholding the integrity of the judiciary.

Advocate Glynis Breytenbach, a member of the National Assembly, expressed satisfaction with the court’s decision, emphasising the inappropriateness of Hlophe’s appointment.

“It’s an impossibility. It’s a position that is so wrong on so many levels that it cannot be countenanced,” Advocate Breytenbach said.

Alison Tilley of Judges Matter echoed these concerns, highlighting the potential conflict of interest Hlophe would face on the JSC. As someone who was impeached, Hlophe’s ability to assess whether others are fit and proper for judicial office would be compromised, Tilley explained.

Both Breytenbach and Tilley highlighted the irrationality of the National Assembly’s decision to approve Hlophe’s nomination, despite having impeached him.

The interdict ensures Hlophe will not participate in the upcoming October sitting of the JSC. While Hlophe has the option to appeal the ruling, Breytenbach believes such an appeal is unlikely to succeed before the JSC reconvenes.

Listen to the full interview on Sabaahul Muslim with Moulana Junaid Kharsany.