Hlophe hits back at DA’s legal bid over his JSC designation

Umkhonto Wesizwe (MK) Party Parliamentary leader Dr John Hlophe says his removal as a judge does not create a legal basis upon which he can be disqualified from assuming National Assembly membership or participating in all its constitutional activities.

Hlophe says the Democratic Alliance (DA) seeks to have the court reverse a constitutional process that the party lost in the National Assembly after he was designated to serve on the Judicial Service Commission (JSC).

In an affidavit, Hlophe says the DA failed to demonstrate a prima facie right that is being threatened by impending irreparable harm through his designation.

This is contained in papers filed before the Western Cape High Court where the DA and Corruption Watch are challenging Hlophe’s designation to the Commission.

The applicants are seeking an urgent interdict pending a review application of Hlophe’s designation.

Dr John Hlophe’s election to the Judicial Service Commission (JSC) continues to ruffle feathers

‘Legal challenge abusive’

The JSC is set to sit for the first time with its full complement in October to interview candidates suitable for appointment to President Cyril Ramaphosa. 

But in papers, Hlophe posits that neither the DA nor any other person has the right to dictate to the National Assembly which members can be deployed to forums both inside and outside of the national legislature.

Hlophe also submits that there are no collateral consequences that arise from the removal of a judicial officer by the National Assembly.

The impeached Judge argues that neither the National Assembly nor the court has the power to veto a decision taken by a political party regarding deployment and that an order interdicting a member of the National Assembly from performing their constitutional duties has the effect of improperly interfering with Parliament’s ability to exercise its authority.

Meanwhile, MK Party leader Jacob Zuma has argued that political parties are free to elect or designate any member from their party to serve on the JSC and other forums.

In court papers also before the Western Cape High Court, Zuma submits that the DA’s legal challenge is abusive as it seeks to reverse a democratic process after its loss in the National Assembly.