Cape Town - Three applications have been presented in the Western High Court, seeking to interdict impeached judge president, Dr John Hlophe, from serving in the Judicial Service Commission (JSC).
Corruption Watch, Freedom Under Law and the DA filed the papers, and today are expected to argue their reasons as to why they want Hlophe to be removed.
But in defence of the uMkhonto weSizwe Party (MKP) MP, the African Transformation Movement (ATM) said if Hlophe’s appointment was unlawful, then the others who were also elected should not proceed.
The argument presented by the three applicants questioned how a person who was found guilty of gross misconduct would be able to hire judges.
The applications were made in time for the election of the candidate who will replace retired Chief Justice Raymond Zondo in October.
In the DA’s founding affidavit, Federal Council chairperson Helen Zille said they seek to urgently interdict Hlophe from taking up a seat in the JSC, pending the outcome of Part B of their application.
Part B seeks to review and set aside the decision of the National Assembly to designate Hlophe as one of its representatives to the JSC.
Zille said: “In February this year, the National Assembly resolved to remove Dr Hlophe from his position as a judge. It reached that conclusion based on the finding of the JSC that Dr Hlophe was guilty of gross misconduct for seeking to influence the outcome of a case concerning former president Jacob Zuma.
“Dr Hlophe now serves as an MP for uMkhonto weSizwe (MK), the official opposition headed by Jacob Zuma. MK nominated Dr Hlophe to serve as its representative to the JSC. The National Assembly – over strenuous objections of the DA – accepted the nomination.”
Corruption Watch and Freedom Under Law shared the same sentiments and said there was a separate case before the Constitutional Court, which was similar, and they hoped the interdict would pass before the first JSC sitting in October.
The DA was the only party that opposed the nomination of Hlophe, while the ATM supported his election.
Hlophe has been elected on the JSC with five other MPs.
Three of the nominees were from the ANC and three others from opposition parties.
Hlophe’s lawyer, Advocate Thabani Masuku, argued that his client had every right to be a member of the commission.
“If a judge is found guilty of misconduct or is incompetent, the National Assembly will sit down and consider removing them.
“We shouldn’t be shocked about that. The Constitution tells us how to deal with this.
“We have been hearing, ‘the disgraced judge’, as they are happy to call him, and we will deal with them. What more do you want from him? You are still hounding him because of this judiciary past.
“It (his appointment) terrifies those who despise him. They continue punishing Dr Hlophe who is now an MP. Does he lose the 29-year experience? Does his past disqualify him from being a member of any committee?
“If the participants want to change the Constitution, they must run an election campaign and win a twothirds majority and then change the Constitution. His past is irrelevant to the membership of the JSC. What matters is that he is the member of the opposition and National Assembly.”
mandilakhe.tshwete@inl.co.za
Cape Argus