The Activists and Citizens Forum (ACF) has called for new rules to be implemented to prevent political deployees from being designated to the Judicial Service Commission (JSC).
This comes after the Umkhonto weSizwe Party (MKP) deputy president, Dr John Hlophe, was on Friday interdicted by the Western Cape High Court from taking part in any JSC activities.
Following an application by the DA, Corruption Watch and Freedom Under Law, Judge Johannes Daffue handed down judgment that has since been slammed by the MK Party and commended by sections of society opposed to Dr Hlophe’s designation to the JSC.
The Western Cape High Court indicated that this ban will be in effect until such time Parliament reviews his appointment to the body.
Hlophe, who was impeached by the very same institution for alleged gross judicial misconduct, was elected to the JSC on July 9, after joining the party weeks earlier.
Since then, the DA and other stakeholders have approached the courts to have his designation set aside.
Reacting to the ruling and its consequences in rendering the JSC unstable, spokesperson for ACF, Dennis Bloem, said the JSC must never be politicised as politics has no place in the judiciary.
“The judiciary must at all times be independent. It is very urgent that Parliament must review the law that allows Members of Parliament to sit on the JSC,” Bloem said on Monday.
According to the forum, the unfortunate saga of Hlophe could have been avoided if there was no such law.
“Activists and Citizens Forum doesn’t see the rationale to have MPs sitting on the commission, and have the responsibility to interview and decide on candidates that are fit, proper and suitable to be appointed as a judges. That is a big mistake.
“In the recent past, we have seen raw politics playing it out in the commission. Some MPs were openly playing the man and not the ball. It had become personal, even the retired Chief Justice Raymond Zondo was not spared, and his person was rudely attacked,“ Bloem said.
He said the recent saga, which has played out in public, has made mockery of the JSC even though Hlophe was procedurally appointed.
“The saga of Dr John Hlophe is making a mockery of the law. Dr Hlophe was procedurally nominated by his political party to serve on the commission, and members of Parliament voted and approved his appointment. Now, there is an interdict by the court that prevented him from executing his duty.
“We will strongly recommend that suitable, capable, well qualified fit for purpose members from the community must replace the members of Parliament on the commission,” Bloem said.
On Friday, the MK Party slammed the judgment, saying it was a political judgment. “It is precisely what it is, a political judgment and blatantly so. If you look at the fact that the JSC is set up merely for the purposes of identifying judges who are fit and proper. Now, who is better suited than Dr Hlophe to represent our constituency through his 20 to 25 years’ experience?” said party spokesperson Nhlamulo Ndhlela.
As a result, the party said the judgment has indicated that the judicial system has now entered the political landscape.
The Star