AfriForum seeks ConCourt’s intervention to remove Hlophe from the JSC

AfriForum has petitioned the Constitutional Court to contest the National Assembly’s appointment of impeached judge John Hlophe as a member of the Judicial Service Commission.

Hlophe was elected alongside EFF leader Julius Malema, Glynnis Breytenbach (DA), Soviet Lekganyane (ANC), Fasiha Hassan (ANC), and Athol Trollip (ActionSA) on 9 July to serve at the JSC, a body tasked with interviewing judges and regulating their conduct.

AFRIFORUM CHALLENGES JOHN HLOPHE’S APPOINTMENT TO THE JSC

In its application, AfriForum wants the Constitutional Court to declare that Hlophe’s appointment is irrational, unlawful, and in conflict with the NA’s constitutional duty.

AfriForum has already electronically served its court documents to the Speaker of Parliament, Hlophe, and the MK party. 

The organisation said an application requesting, among other things, direct access to the Constitutional Court will be issued in this court in the coming week.

AfriForum CEO Kallie Kriel said it is unthinkable that aspiring judges’ ethics, integrity, and suitability to serve as judges should henceforth be assessed by Hlophe as a member of the JSC. Hlophe himself was earlier found unfit to serve as a judge by the JSC due to his dishonesty and gross misconduct.

Kriel said it is essential that AfriForum fight Hlophe’s appointment to the highest court because his presence in the JSC seriously undermines the credibility and independence of the judiciary while undermining the rule of law.

As per the Constitution, the National Assembly must assist and protect the courts to ensure their independence, impartiality, dignity, and effectiveness.

“By appointing Hlophe, the NA not only neglected its constitutional duty but acted directly contrary to the Constitution,” Kriel emphasised.

AfriForum further argued that the case can be brought directly before the Constitutional Court because the Apex Court has exclusive jurisdiction over it and because it is urgent.

HOW DID THE IMPEACHMENT COME ABOUT? 

In 2021, the JSC found Hlophe guilty of gross judicial misconduct after allegedly trying to influence pending judgements in corruption cases involving former president Jacob Zuma in 2008.

President Cyril Ramaphosa impeached Hlophe in March this year after MPs voted 305 in favour versus 27 against.

The DA, Freedom Front Plus (FF Plus), and African Christian Democratic Party (ACDP) objected to Hlophe’s nomination to serve on the JSC, citing his impeachment.