South Africa's Constitutional Court makes law to have eye

AfriForum reports that it has made progress towards its objective of getting the Constitutional Court to revoke Dr. John Hlophe's appointment as a member of the Judicial Services Commission (JSC).

This comes after the Constitutional Court issued directives on Monday, ordered respondents in the case to submit answering affidavits to AfriForum's application for direct access to the court.

The respondents include Hlophe, the Speaker of Parliament and the Umkhonto weSizwe (MK) Party.

Hlophe was elected to represent the National Assembly on the Judicial Service Commission (JSC) in July.

In 2021, the JSC found him guilty of gross misconduct, and he was impeached by the National Assembly in February 2024, with President Cyril Ramaphosa confirming the impeachment on March 1.

However, AfriForum asked for direct access to the court in July, arguing that Hlophe's nomination to the JSC was unconstitutional, illogical, and in violation of the National Assembly's constitutional obligations.

In a statement, the CEO of AfriForum Kallie Kriel said the court's issuance of the directives was an important development and indicates that the court is considering AfriForum's application for direct access.

"This is a positive indication that AfriForum's application for direct access to the Constitutional Court is not based on invalid grounds. We consider this as a step in the right direction to protect the rule of law.

"We are now even more hopeful that we will be able to challenge Hlophe's appointment in the highest court and that this appointment, which undermines the credibility and independence of the judiciary, will be set aside," Kriel explained.

Meanwhile, Hlophe's application for direct access to the Constitutional Court to set aside the processes that led to his removal as a judge was dismissed last week, AfriForum said.