MBABANE:The Western Cape High Court has ruled that impeached former Judge Dr John Hlophe cannot be part of the Judicial Service Commission (JSC), saying his appointment was unconstitutional, IOL News reported.
In a ruling on Monday, the High Court found that the National Assembly (NA) had failed to properly exercise its discretion in approving his appointment-thereby undermining the integrity of the Judiciary.
The court held that Parliament’s conduct effectively rubber-stamped Hlophe’s nomination, disregarding the serious implications for the JSC’s credibility and constitutional mandate.
The MK Party Deputy President was nominated to serve on the Judicial Service Commission (JSC) last year but subsequently resigned.
“The Kudiciary is essential to the maintenance of constitutional democracy.It is declared that the National Assembly may not designate Dr. Mandlakayise John Hlophe to serve on the Judicial Services Commission in terms of section 178(1)(h) of the Constitution.Hlophe and MKP are ordered to pay the applicant's costs,” the order stated.
MK Party Deputy President Dr John Hlophe will not serve in the JSC. Image: Armand Hough / Independent Newspapers