By Lee-Yandra Paulsen
The Western Cape High Court has temporarily blocked Dr John Hlophe, parliamentary leader of the uMkhonto weSizwe Party, from serving on the Judicial Service Commission (JSC). The court granted an urgent interdict following a challenge from the Democratic Alliance (DA), which argued that Hlophe’s appointment was irrational, particularly in light of his impeachment for gross misconduct. The DA raised concerns about Hlophe’s suitability to serve on the JSC, given the severity of the charges against him.
Founder and Director at Zikalala Pty Ltd, Zikalala Attorneys Mpumelelo Zikalala, weighed in on the decision and its implications, explaining the legal basis for the court’s ruling. He noted that the court’s interdict was designed to prevent potential harm to the JSC’s proceedings. “The application is an interim order that will stop Hlophe from serving on the JSC committee. The irreparable harm that would be suffered is that the interviews conducted by the JSC could be tainted,” Zikalala stated. He further explained that if Hlophe were allowed to serve, any decisions or appointments made during his tenure could later be challenged, forcing the process to be redone. This risk prompted the court to intervene and block his participation.
Zikalala also touched on the broader responsibilities of the Speaker of Parliament in this matter. He emphasized that while political parties may nominate individuals to serve on important committees like the JSC, the Speaker has to ensure that these nominees are appropriate. “Even when there are names given by certain political parties, the Speaker should still check whether the individuals are, on a rational basis, appropriate to be on that committee,” Zikalala explained.
The issue lies in the fact that Hlophe, an impeached judge, was nominated to serve on a commission that oversees the judiciary. Zikalala highlighted this tension, questioning the rationale behind such a nomination: “Are you able to provide reasoning as to why you want the process to proceed with an impeached judge?” He further suggested that this situation could reflect a broader issue of political autonomy versus rationality in decision-making.
The court’s ruling also touched on the role of the Speaker, as Zikalala explained: “When the Speaker applies this, is it still within the role of the Speaker as prescribed by the Constitution, or is it overreaching? This is what will be decided in this application.”
Finally, Zikalala questioned the qualifications of those sitting on the JSC, stating that it is essential to ensure that committee members are fit to evaluate judicial candidates. “Are these individuals fit enough in terms of qualifications and experience to be able to assess whether the individuals that are applying to be judges are appropriate?” he asked, highlighting the need for competence and integrity in judicial appointments.
VOC News
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