Court blocks embattled Judge from Judicial Service Commission participation

In a major turn of events, the Western Cape High Court has on Friday issued a temporary order prohibiting Dr. John Hlophe from taking part in the activities of the Judicial Service Commission (JSC).

This decision follows applications filed by the Democratic Alliance (DA) and Corruption Watch (CW) seeking relief and challenging Hlophe’s appointment as a National Assembly representative on the JSC.

 Freedom Under Law (FUL) also submitted an application to overturn Hlophe’s designation, citing concerns about the National Assembly’s failure to properly exercise discretion and its inconsistency with constitutional duties to uphold judicial independence and impartiality.

The court postponed FUL’s application, pending a decision by the Constitutional Court on a similar application by AfriForum and other parties, including FUL.

Despite this, the court considered FUL’s arguments and granted the interdict, concluding that Hlophe’s designation was incompatible with the National Assembly’s constitutional obligations.

FUL has welcomed the court’s decision, emphasizing its role in safeguarding judicial independence and integrity.

Key arguments against Hlophe’s appointment:

– Improper exercise of discretion by the National Assembly

– Inconsistency with constitutional duties to uphold judicial independence and impartiality

– Failure to consider relevant factors and consideration of irrelevant factors

– Irrational and unreasonable decision

The court’s ruling effectively prevents Hlophe from participating in the JSC’s October 2024 session.

FUL has stressed that Hlophe’s appointment would be “entirely inappropriate and unlawful” given his previous removal from judicial office for gross misconduct.