ActionSA said on Friday it will refer the interdict ruling against uMkhonto weSizwe Party’s (MKP's) leader in Parliament Dr John Hlophe to Parliament's Constitutional Review Committee, citing “glaring contradictions” in eligibility criteria for public office.

On Friday the Western Cape High Court interdicted Hlophe from participating in Judicial Service Commission (JSC) processes.

As a Judge, Hlophe had been removed from office by the National Assembly, following the JSC finding him guilty of dishonesty and gross misconduct for his attempts to unlawfully influence Constitutional Court judges Bess Nkabinde and Chris Jafta, in 2008, to rule in favour of Jacob Zuma in cases before them.

In July, he was nominated by the MKP, the political party he joined following his removal from judicial office, to serve on the JSC, which is responsible for nominating judges for appointment, and for disciplining judges.

ActionSA Parliamentary Chief Whip Lerato Ngobeni said the party would initiate a review process to seek to clarify what it calls a “constitutional blind spot” and ensure that eligibility standards for public office are “consistent, transparent and uphold the integrity” of Parliament, and the JSC in this case.

“…in light of the fact that 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 presents a unique challenge and Constitutional blind spot,” she stated.

While Hlophe’s election to Parliament signified a recognition of his “competence and ability” to represent South Africans, Ngobeni said, the claim that he was unfit for the JSC had raised questions about whether the standards for these two roles were misaligned, as ActionSA believed the judgment suggested.

“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,” Ngobeni explained.