Press "Enter" to skip to content

ActionSA pushes for clarity on eligibility criteria for public office

In a bold move to address what they see as a constitutional blind spot, ActionSA has announced their decision to refer the Dr John Hlophe matter to Parliament’s Constitutional Review Committee.

This decision comes after the Western Cape High Court granted interim orders preventing Hlophe’s appointment to the Judicial Service Commission (JSC) following a series of applications brought by the Democratic Alliance, Corruption Watch, and Freedom Under Law.

The Court found that the National Assembly’s designation of Hlophe, a former judge impeached for gross judicial misconduct, as its representative to the JSC was based on a material error of law and was incompatible with the NA’s obligations under the Constitution.

The ruling highlighted the need for clarity and transparency in the eligibility criteria for public office.

ActionSA Parliamentary Chief Whip, Lerato Ngobeni, emphasised the contradiction in Hlophe’s situation, noting that as a duly elected Member of Parliament, he meets all constitutional requirements according to Section 47 of the Constitution.

However, doubts have been raised about his fitness to serve on the JSC, bringing inconsistencies in eligibility criteria to light.

Ngobeni argued that Hlophe’s election to Parliament proves his competence and ability to represent South Africans, raising questions about the reservations regarding his suitability for the JSC.

To address this discrepancy, ActionSA is pushing for a review of legislation, rules, and frameworks to clarify and uphold consistent eligibility standards for public office.

Be First to Comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.