While the DA is over the moon regarding the prevention of John Hlophe from working in the Judicial Services Commission, (JSC) the MK Party has described the Western Cape High Court’s verdict as absurd.
In a statement released to the media by DA Spokesperson Karabo Khakhau on Friday morning Immediately after the Western Cape High Court judgement, the party said the following:
“The DA welcomes the Western Cape High Court’s decision to grant an urgent interdict preventing Dr John Hlophe from taking up his seat on the Judicial Services Commission (JSC) and this is a landmark victory for the DA and the integrity of South Africa’s judiciary.”
The statement further states that the Court’s decision affirms the DA’s position and strengthens 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,” wrote Khakhau.
“Allowing Dr 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 our judiciary and compromised the principles that uphold our democracy,” she wrote.
Though there are no laws in the Constitution which specifically prevent an impeached judge from being a member of the JSC, the DA’s argument centered around the undisputed legal maxim that every decision taken by Parliament must be based on rationality, and that having Hlophe on the JSC is irrational given the fact that the selfsame JSC of which Hlophe insists on being a member, is the one that found him guilty of gross misconduct and recommended that he be fired from his position as a judge.
The JSC ruled five months ago that Hlophe had unduly tried to influence at least two Constitutional Court judges to rule in favour of Jacob Zuma in a case related to the infamous Arms Deal scandal.
In its response to the court’s verdict, the MK Party said the following:
“The MK notes the incompetent, irrational, absurd and blatantly political judgement of the Western Cape High Court, which is regrettable but not surprising.”
The statement, released by Nhlamulo Ndhela on behalf of MK Party, further states that the judgement purports to interdict Dr Mandlakayise John Hlophe individually, from performing his constitutional duties as MK Party Member of Parliament appointed to serve on the JSC pursuant to Section 178 of the Constitution.
Ndhela further wrote the following:
“The judgement constitutes gross judicial overreach and disregards the provisions of the very constitution it purports to uphold, and we reiterate our claim that nothing in law or the rules of Parliament prevents Hlophe from participating in the JSC.”
Ndhela wrote that the MK Party has a Constitutional right to nominate and decide which of its members are best suited to be designated to serve on any external fora such as the JSC or the Pan African Parliament.
“The courts must refuse this abuse of the machinery of the Justice system and conflation of separation of powers,” he wrote.
At the moment MK Party has not yet indicated whether it will take Hlophe’s matter to a higher court for remedy.