Western Cape High Court blocks impeached judge from judicial appointment body

The Western Cape High Court has overturned the National Assembly of South Africa decision to designate impeached Judge Mandlakayise John Hlophe to the Judicial Service Commission (JSC), citing gross misconduct and ongoing attacks on judicial integrity.

In a landmark ruling handed down on June 2, 2025, the court declared Hlophe unfit to serve on the body responsible for appointing judges, emphasising the need to uphold public confidence in the judiciary.

Hlophe, formerly a High Court judge  was removed from office in February 2024 after the National Assembly found him guilty of attempting to influence Constitutional Court justices in a politically sensitive case involving former President Jacob Zuma.

His impeachment marked the first such removal in democratic South Africa and followed 16-year legal process costing taxpayers approximately R10 million.

Despite objections from the Democratic Alliance (DA), Corruption Watch, and Freedom Under Law, the National Assembly designated Hlophe to the JSC in July 2024 after he joined the opposition party, Umkhonto Wesizwe (MK) as a Member of Parliament.

The court ruled that the Assembly committed a material error of law by treating the designation as a rubber-stamp process rather than exercising independent discretion.

Judges Mbhele, Basson, and Mudau found the decision irrational, noting Hlophe continued to denigrate the judiciary publicly, including calling courts “captured” and dismissing rulings against him as politically motivated.

The Democratic Alliance welcomed the judgment, stating Hlophe presence would have undermined the JSC constitutional mandate to select judges of integrity.

MK and Hlophe argued the designation followed parliamentary convention and that no legal criteria barred him.

However, the court stressed that Section 165(4) of the Constitution obligates state organs to protect judicial independence, which Hlophe conduct directly threatened.

The court further declared Hlophe permanently ineligible for JSC service, citing his refusal to acknowledge wrongdoing and “scandalous” attacks on judges.

MK and Hlophe were ordered to pay punitive legal costs for frivolous litigation and defamatory statements against the judiciary.

The ruling clarifies that future National Assembly designations to the JSC must evaluate nominees fitness beyond formal eligibility, ensuring alignment with constitutional values.

The National Assembly Speaker, cited as respondent, adopted neutral stance but acknowledged judgment provides critical guidance for future designations.