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John Hlophe interdicted from taking part in JSC processes


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John Hlophe interdicted from taking part in JSC processes

Image of Dr John Hlophe
MKP leader in parliament Dr John Hlophe

27th September 2024

By: Thabi Shomolekae
Creamer Media Senior Writer

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The Democratic Alliance (DA) said on Friday that the Western Cape High Court’s decision to interdict uMkhonto weSizwe Party’s leader in Parliament Dr John Hlophe from participating in Judicial Service Commission (JSC) processes, is a landmark victory for the party and for the integrity of South Africa’s judiciary.

The High Court issued its judgment on the DA’s urgent application to interdict Hlophe from taking up a seat on the JSC, this after the party filed papers against his designation to the JSC in July.

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Hlophe is the first judge to be removed from office by the National Assembly, after the JSC found him guilty of dishonesty and gross misconduct. His conviction resulted from his attempts to unlawfully influence two judges of the Constitutional Court, Judges Bess Nkabinde and Chris Jafta, in 2008, to rule in favour of Jacob Zuma in cases before them.

In July, Hlophe was nominated by his party to serve on the JSC, which is responsible for nominating judges for appointment, and for disciplining judges.

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Earlier this month, the Western Cape High Court began hearing the DA’s case challenging Hlophe’s designation to the JSC.

DA national spokesperson Karabo Khakhau said the court's decision affirmed the party’s position and has strengthened the fight to maintain the highest standards of integrity within the country’s judiciary.

“An impeached judge, found guilty of gross misconduct, should not hold a position on the JSC, a body entrusted with the responsibility of selecting judges and upholding the highest standards of judicial integrity,” explained Khakhau.

She highlighted that the ruling was a major step in safeguarding the independence and credibility of the country’s judicial system, and added that allowing Hlophe, who was impeached after a long and contentious legal process, to influence the selection of future judges would have “severely damaged public trust” in the judiciary and “compromised the principles” that uphold democracy.

“Today’s ruling is a clear victory for all South Africans who believe in an impartial and ethical judiciary. It underscores that those tasked with overseeing and selecting our judges must be held to the highest standards of conduct. We remain committed to upholding the rule of law and defending the values enshrined in our Constitution,” stated Khakhau.

DA Federal Council chairperson Helen Zille said the DA had been spearheading this fight for 16 years, and said that the party “will fight it to the end".

“Today's victory is a big milestone in this extended battle,” she noted.

The DA assured it would continue in its fight to ensure that the country’s judiciary remained “independent, transparent, and free from political interference”.

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