The Western Cape High Court has interdicted uMkhonto weSizwe Party leader in Parliament, John Hlophe, from taking part in the upcoming Judicial Service Commission interviews.
The court handed down the judgement on Friday,
following an application by the Democratic Alliance (DA) calling for his
recusal from the JSC.
Hlophe was sworn in as a member of Parliament
in June and then designated by the National Assembly as one of the six members
to sit on the JSC, but the DA and other civil society organisations were
against this.
PICTURED: John HlopeParliament impeached the former Western Cape
Judge President in February after the Judicial Service Commission found him
guilty of gross misconduct.
Action SA says it will approach Parliament to
inquire about the Western Cape High Court's decision. It’s Parliamentary Chief
Whip Lerato Ngobeni says the party wants clarity from the Parliament's
Constitutional Review Committee.
‘’John Hlophe is a duly elected Member of
Parliament, a position that meets all constitutional requirements as per Section
47 of the Constitution of the Republic of South Africa, ActionSA believes that
the argument questioning his fitness to serve on the Judicial Service
Commission (JSC) presents a unique challenge and constitutional blind spot. This
contention reveals a potential contradiction in the eligibility criteria for
public office.
‘’On one hand, his election to Parliament
signifies a recognition of his competence and ability to represent South
Africans, while on the other hand, the claim that he is unfit for the JSC—a
deployment by the very house to which he was duly elected—raises questions
about whether the standards for these two roles are misaligned, as we believe
the judgment suggests,"
"This inconsistency underscores the need
for a more consistent and transparent application of eligibility criteria to
safeguard the integrity of both Parliament and the JSC in the future,’’ added
Ngobeni.
Done by: Mitchum George
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