DA’s objection fails, Hlophe makes it to JSC

Reading Time: 2 minutes

The uMkhonto weSizwe (MK) Party has defended its decision to nominate Dr John Hlophe to serve on the Judicial Service Commission (JSC).

The National Assembly has elected Dr Hlophe and several other MPs to serve on the JSC.

The Democratic Alliance (DA) earlier objected to his nomination, citing his impeachment for gross misconduct as one of its reasons. The DA says to protect and defend the integrity of the judiciary, it cannot elevate Hlophe to such a platform while he was impeached by the National Assembly for gross misconduct.

DA Chief Whip George Michalakis says, “We are strongly of the view that is neither reasonable nor rational to elect Doctor Hlophe as the member of the national assembly on the judicial services commission. The second reason that parliament should not elect Doctor Hlophe is to be found on the grounds that I have mentioned if you have listened Honourable member. The second reason that parliament should not elect Doctor Hlophe should be found in the constitutional obligation which as members of the enjoined to assist and protect the judicial in order to ensure its independence, its impartiality and its effectiveness.”

MK Party’s Dr John Hlophe to serve on the JSC

But MK Chief Whip Sihle Ngubane argues that there are legal prescripts that regulate members of Parliament serving on the JSC.

“Since members who qualify to be appointed to the JSC are already members of parliament. And therefore, they are bound by their oath of office. The Constitution in its wisdom does not regulate the qualification of members to sit on the JSC. The existing constitution scholarship on the makeup of the JSC endorses the appointment of politicians to the JSC. According to Professor Pierre de Vos, judges are not elected. The involvement of politicians in the JSC provides a semblance to the process – the JSC process.”

VIDEO | Parliament sets up internal structures: