Hlophe’s JSC appointment ruled unconstitutional
The Western Cape High Court has ruled that Parliament’s decision to appoint impeached former judge Dr John Hlophe to the Judicial Service Commission was unconstitutional.
Hlophe, who serves as the MK Party’s deputy president, was nominated last year but later resigned.
The court found that the National Assembly failed to properly exercise its discretion, undermining the integrity of the judiciary.
The JSC is responsible for recommending judicial appointments and holding judges accountable.
Hlophe and the uMkhonto weSizwe Party have been ordered to pay legal costs on a punitive scale.
Monday’s ruling follows legal challenges brought by Freedom Under Law, Corruption Watch, and the Democratic Alliance, who argued that appointing an impeached judge to the JSC threatened judicial independence.
In February 2024, following a Judicial Service Commission recommendation, Hlophe became the first judge in democratic South Africa to be impeached by Parliament.
The misconduct case stems from 2008, when Hlophe was accused of trying to improperly influence Justices Bess Nkabinde and Chris Jafta in a matter involving then-President Jacob Zuma.
It took over a decade of legal wrangling before the JSC recommended his removal in 2021, with Parliament only voting in favour of impeachment in 2024.
The High Court found Parliament had rubber-stamped his nomination without proper consideration, ignoring the profound implications for the JSC’s credibility.
In its ruling, the court stressed that the JSC is a constitutional body that must safeguard the independence of the judiciary — a duty it said was compromised by Hlophe’s appointment.
“The judiciary is essential to the maintenance of constitutional democracy... It plays an important role in our country’s constitutional balance of powers,” the judgment read.
“The National Assembly failed to properly exercise its discretion, thereby compromising the integrity of the judiciary.”
“Appointing an impeached judge to the JSC undermines the very body entrusted with upholding judicial integrity and accountability.”
Find us on social media
Follow the ECR Newswatch WhatsApp channel here
