Freedom Under Law has argued that Parliament failed to exercise its discretion when deciding to designate former Western Cape Judge President Dr John Hlophe to the Judicial Services Commission(JSC).
The civil society group and the Democratic Alliance (DA) are questioning the rationality of Parliament in endorsing Hlophe’s designation who is a Parliamentary leader of uMkhonto weSizwe (MK) party to the JSC.
Hlophe was removed as a judge due to misconduct. He has since resigned as a member of the JSC.
Appearing for Freedom Under Law advocate Wim Trengrove says, “Those that bear responsibility to appoint members to JSC, have the responsibility to do so with discretion, identify people who are suitably qualified for the position.
The only requirement to designate someone to serve on the Judicial Services Commission is to be a member of Parliament. This is the rebuttal of Advocate Thabani Masuku, to arguments in the Western Cape High Court that Parliament acted irrationally when it designated impeached Doctor John Hlophe to the JSC.
Hlophe was impeached as a judge for gross misconduct in February last year. Four months later, he joined Parliament as the leader of the MK party. This, the applicants in the court case – DA, Freedom Under Law and Corruption Watch – argue makes him ineligible to sit on the JSC, and that Parliament acted irrationally by designating him to the JSC.
But Masuku says that guided by the Constitution, there is no valid reason to question Hlophe’s designation.
“It’s for the National Assembly to designate its members. Nobody else. Interlockers can have their opinions. But it’s for the National Assembly to use its rules and conventions and practices to decide who must be presented as the 6 members to be designated to the JSC,” argues Masuku.
Former Judge John Hlophe back in court:
