Dr John Hlophe, the parliamentary leader of the uMkhonto weSizwe Party (MK Party), will remain a member of the Judicial Service Commission (JSC) until he is officially recalled, Judges Matter said.
Mbekezeli Benjamin, Research and Advocacy Officer at Judges Matter addressed the ongoing controversy regarding Hlophe’s membership in the JSC in an interview on Newzroom Afrika.
"Hlophe remains a member of the JSC unless he is recalled,“ he said.
Benjamin said the situation began in July when Parliament designated Hlophe as a JSC member.
Following this decision, several organisations, including the Democratic Alliance (DA) and various civic organisations like Freedom Under Law and Corruption Watch, challenged the designation in the Western Cape High Court, he said.
Benjamin explained that the legal challenge was split into two parts: the first sought to prevent Hlophe from participating in upcoming interviews, while the second will address whether Parliament acted rationally in designating him.
Benjamin noted that last week, the Western Cape High Court ruled that while Hlophe may not participate in the interviews or JSC proceedings, however, he still retains his membership.
“The question of his membership is still going to be decided, but at this stage, the interdict is to stop him from participating,” Benjamin said.
Moreover, he said the DA argues that the National Assembly (NA) acted irrationally in designating Hlophe, given his previous gross misconduct and impeachment.
“The NA had to seriously consider those factors before arriving at their decision," which is in line with constitutional obligations under Section 1(65),” Benjamin said.
However, parliament contends that there is no written requirement for Hlophe or any other member before designation, stating that political parties can nominate anyone for the position, said Benjamin.
The Western Cape High Court’s ruling emphasised that parliament cannot simply rubber-stamp the names put forward by political parties.
Benjamin said while the court did not specify what additional considerations were necessary, it did assert that the NA has a constitutional obligation to thoroughly evaluate the candidates they choose for the JSC.
Benjamin also said before parliament's vote, Judges Matter had to urge parliament to consider the ethical standards of individuals nominated for both the JSC and the Magistrates Commission.
“We believe that these bodies should be made up of people of high ethical standards. They ultimately decide on people who would take very important decisions about our lives,” Benjamin said in the interview.
Benjamin said that as it stands, Hlophe remains a member of the JSC, but he is prohibited from participating in any interviews or proceedings until further decisions are made by parliament.
“Only if they decide to recall him would they be able to put forward a different name,” Benjamin said speaking to Newzroom Afrika.
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