Umkhonto weSizwe Party (MKP) deputy president, Dr John Hlophe, was on Friday, interdicted by the Western Cape High Court from taking part in any Judicial Services Commission (JSC) activities.
Judge Johannes Daffue handed down judgment in an application by the Democratic Alliance, Corruption Watch and Freedom Under Law (FUL) after they each applied to have Hlophe recused from the JSC separately.
They deemed their applications as urgent as the next sitting of the JSC is scheduled for October 7 to 11.
The impeached Judge President, who was removed from his position for gross judicial misconduct, was elected to the Judicial Service Commission (JSC) on July 9.
He was nominated during a sitting of the House in Cape Town.
However, the DA, Freedom Front Plus (FF Plus) and African Christian Democratic Party (ACDP) objected to the nomination, stating that an impeached member of the judiciary serving on the JSC was illogical.
The Executive Officer for FUL, Judith February previously stated its application was based on four main factors.
“That the National Assembly failed to exercise its discretion properly; that the designation of Dr Hlophe is incompatible with the National Assembly’s obligations in terms of section 165(4) of the Constitution, which requires organs of state to assist and protect the courts to ensure the independence, impartiality, dignity, accessibility, and effectiveness of the courts,” February said.
“That the decision was unreasonable and irrational; and that the National Assembly took into account irrelevant factors, and failed to take into account relevant factors, in making its decision.”
robin.francke@iol.co.za
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