News / National
Captured judiciary delivers for DA
27 Sep 2024 at 10:59hrs | Views
MK Party (MKP) deputy president John Hlophe has been interdicted from taking part in any Judicial Service Commission (JSC) activities, pending a review of the National Assembly's decision to designate him to the body.
On Friday, the Western Cape High Court handed down its judgment in an application from the DA and NGOs Freedom Under Law and Corruption Watch for his recusal from the JSC.
A full Bench of judges seconded from the Gauteng High Court heard the matter.
The DA submitted that it deemed it irrational for Hlophe, the first judge to be removed from the Bench in democratic South Africa, to be a part of the body that interviews judges for vacancies and disciplines members of the judiciary.
DA national spokesperson Karabo Khakhau welcomed the court's decision.
She described it as a landmark victory for the DA and for the integrity of the judiciary.
"The court's decision affirms our position and strengthens the fight to maintain the highest standards of integrity within our judiciary. An impeached judge, found guilty of gross misconduct should not hold a position on the JSC, a body entrusted with the responsibility of selecting judges and upholding the highest standards of judicial integrity," she added.
Khakhau said the ruling was a major step towards safeguarding the independence and credibility of the judicial system.
"Allowing Dr Hlophe, who was impeached after a long and contentious legal process, to influence the selection of future judges, would have severely damaged public trust in our judiciary and compromised the principles that uphold our democracy."
Hlophe's removal from the Bench followed a JSC process in which he was found guilty of gross misconduct for trying to sway two Constitutional Court judges to rule in Zuma's favour in the arms deal corruption case in 2008.
Four months after his removal, he was sworn in as an MP for the MKP to lead the opposition in the same National Assembly that removed him.
In July, he was confirmed as a member of the same JSC.
It is widely expected that Hlophe will appeal.
On Friday, the Western Cape High Court handed down its judgment in an application from the DA and NGOs Freedom Under Law and Corruption Watch for his recusal from the JSC.
A full Bench of judges seconded from the Gauteng High Court heard the matter.
The DA submitted that it deemed it irrational for Hlophe, the first judge to be removed from the Bench in democratic South Africa, to be a part of the body that interviews judges for vacancies and disciplines members of the judiciary.
DA national spokesperson Karabo Khakhau welcomed the court's decision.
She described it as a landmark victory for the DA and for the integrity of the judiciary.
"The court's decision affirms our position and strengthens the fight to maintain the highest standards of integrity within our judiciary. An impeached judge, found guilty of gross misconduct should not hold a position on the JSC, a body entrusted with the responsibility of selecting judges and upholding the highest standards of judicial integrity," she added.
Khakhau said the ruling was a major step towards safeguarding the independence and credibility of the judicial system.
"Allowing Dr Hlophe, who was impeached after a long and contentious legal process, to influence the selection of future judges, would have severely damaged public trust in our judiciary and compromised the principles that uphold our democracy."
Hlophe's removal from the Bench followed a JSC process in which he was found guilty of gross misconduct for trying to sway two Constitutional Court judges to rule in Zuma's favour in the arms deal corruption case in 2008.
Four months after his removal, he was sworn in as an MP for the MKP to lead the opposition in the same National Assembly that removed him.
In July, he was confirmed as a member of the same JSC.
It is widely expected that Hlophe will appeal.
Source - news24
