Hlophe takes JSC ban fight to Constitutional Court

Impeached Judge John Hlophe approached the Constitutional Court to challenge a ruling that bars him from participating in Judicial Service Commission (JSC) interviews. Last year, the Western Cape High Court prohibited him from serving on the JSC, which is responsible for judicial appointments, following a legal challenge by the Democratic Alliance (DA) and Corruption Watch.

Judges Matter researcher Mbekezeli Benjamin explained the case: “If you remember, Dr Hlophe was designated as a member of the JSC by Parliament to represent the MK Party. The DA and two NGOs went to court seeking an interdict to prevent him from participating in the JSC’s October 2024 interviews. The Western Cape High Court granted the interdict, effectively blocking him from the process. Now, he is appealing to the Constitutional Court.”

Hlophe argued that the ruling was unfair, claiming he has been singled out. “His key argument is that the court treated him unfairly, but in terms of the Constitution, everyone must be treated fairly. He says he is the only one out of six National Assembly members who has been prohibited,” Benjamin added.

Hlophe also contended that the courts should not interfere with parliamentary decisions. “He argues that it was Parliament’s decision to designate him as a JSC member, and the court is not entitled to interfere with that decision,” said Benjamin.

Listen to the interview below:

VOC News

Photo: Pixabay

Picture of Lee-Yandra Paulsen
Lee-Yandra Paulsen

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