It is not a given that Dr John Hlophe will become a member of the Judicial Service Commission. A researcher at Judges Matter says the National Assembly is likely to vote on his membership of the JSC.
News of Hlophe’s appointment as leader of the MK Party in Parliament, sparked speculation that he could serve on the JSC and raised concern of a possible conflict of interest.
The constitution forbids retired judges from taking up political office or any other paid work, as members of the Judiciary receive their salaries, medical and pension benefits, and other perks for life. If they take up political office, these benefits fall away. There has been speculation that impeached judge Hlophe could serve on the Judicial Service Commission in his current capacity as an MP.
“If my party has confidence in me and my party deploys me, I would see no reason for refusing that, I would say the answer is yes. There’s no conflict at all, I’m not a judge. I don’t even want to be called a judge but people still call me a judge. I don’t call myself a judge I call myself Dr Hlophe because I have a doctorate in law nobody will take that away from me.”
The JSC makes recommendations to the President regarding the appointment and impeachment of judges, sits on the panel when judges are interviewed for higher office and advises the President on other judicial matters. Ten MPs represent Parliament on the JSC.
“However, once a party nominates a representative, the National Assembly has to vote to designate those members as reps of the JSC. Previously it has been done broadly by consensus. However, there has been an instance where there has been an objection to a member designated as a member of the magistrate’s commission and in that case, it boiled down to a vote and the chamber in Parliament had to vote for that member to be a member of the magistrate’s commission. A similar process will be followed when it comes to the MK Party and Dr. Hlophe,” says researcher at Judges Matter Mbekezeli Benjamin.
Hlophe still has a pending application in the Constitutional Court, to have his impeachment set aside. Benjamin says if his application is successful and he wants to keep his judge’s benefits, he would have to resign as an MP.
