The inclusion of impeached John Hlophe on the Judicial Services Commission has left various civil society organisations and political parties reeling in shock.
Hlophe was up until March this year a judge but was impeached from his position by the selfsame Judicial Services on which he will be serving as a member.
The primary function of the Judicial Services Commission is to serve as a watchdog regarding the behaviour of judges in South Africa.
The 65-year-old Hlophe was appointed Judge President of the Western Cape in 1995 and worked as such until his impeachment this year.
Reason for his impeachment is that he tried to influence several Constitutional Court judges to rule in favour of Jacob Zuma in a case which was before the Constitutional Court some 16 years ago.
Freedom Under Law released the following media statement: “Freedom Under Law notes the National Assembly’s decision to designate MJ Hlophe as one of the representatives of the National Assembly on the Judicial Services Commission (JSC).”
The statement further reads as follows: ” To have a situation where an individual who was found to have committed gross misconduct and was removed from judicial office, is now in a position to decide on the suitability of other candidates for judicial appointments is wholly inappropriate, irrational, and in our view, susceptible to legal challenge.”
The statement goes on to question the contradictory position of political parties which voted for Hlophe to be removed as a judge but have now voted for him to be appointed as a member of the Judicial Services Commission.
“By designating an individual who has been found unfit to be a judge to the body responsible for the selection of judges, the National Assembly has fallen short of its duties and Freedom Under Law will be challenging Hlophe’s designation as a member of the JSC on the grounds of rationality and rule of law,” said Freedom Under Law in conclusion.
DA Shadow Minister for Justice Glynnis Breytenbach responded as follows: ” There is not much the DA can do but hopefully one or more NGOs will take the matter of Hlophe’s appointment to the JSC on review.”
Breytenbach concurred that rules and regulations must be amended so that it becomes clear that impeached people and other wrong doers become persona non grata on the Judicial Services Commission.
The Ahmed Kathrada Foundation also joined the chorus of civil society groups in condemning the appointment of Hlophe to the JSC.
The foundation is one of civil society organisations which signed a letter dated 2 July 2024, which was sent to Parliament just before Hlophe was appointed to the JSC and wherein political parties were urged not to allow Hlophe to be included in JSC.