The Democratic Alliance (DA) and civil rights organisation AfriForum have both filed urgent applications with the Constitutional Court in a bid to have former Judge President of the Western Cape High Court Dr John Hlophe removed from the Judicial Service Commission (JSC).
The impeached Hlophe was officially elected to represent the National Assembly on the JSC earlier this month.
He was nominated during a sitting of the House in Cape Town. The house passed a motion after his party, uMkhonto weSizwe (MK) Party nominated him to be part of the body.
This was five months after he was impeached for gross misconduct by the same Parliament which voted for him to serve in the JSC.
In a statement, the DA said while they accept that it was the prerogative of political parties to nominate persons to serve on the JSC, Hlophe was not allowed to serve on the body that found him guilty.
In their court application, the DA said they seek to urgently interdict Hlophe from taking up a seat in the JSC, pending the outcome of the second part where they seek to review and set aside the National Assembly's decision to put him there as one of the representatives.
"It would be irrational for the National Assembly to have the same person, who has been impeached, representing it on the JSC, which is the body responsible for nominating Judges to appointment, and for disciplining Judges," the party said.
AfriForum, requested the ConCourt in its court application to declare that Hlophe’s appointment irrational, unlawful and in conflict with the NA’s constitutional duty.
According to Kallie Kriel, CEO of AfriForum, it was unthinkable that aspiring judges’ ethics, integrity and suitability to serve as a judge should henceforth be assessed by Hlophe as a member of the JSC.
This, while Hlophe himself was earlier found unfit to serve as a judge by the JSC due to his dishonesty and gross misconduct relating to his interference in Constitutional Court matters involving former president Jacob Zuma.
“It is essential that AfriForum fights Hlophe’s appointment to the highest court, because his presence in the JSC seriously undermines the credibility and independence of the judiciary, while it also undermines the rule of law,” Kriel added.
Hlophe will join the likes of EFF leader Julius Malema, Action SA national assembly leader Athol Trollip, the ANC's Molapi Lekganyane and Fasiha Hassan and the DA's MP Glynnis Breytenbach in overseeing judicial conduct.
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