DA launches legal action against John Hlophe's designation to the JSC

23 July 2024

The Democratic Alliance yesterday filed papers in the Western Cape High Court against the designation of former Western Cape judge president John Hlophe to the Judicial Service Commission (JSC).

While we accept that it is the prerogative of political parties to nominate persons to serve on the JSC, it does not follow that a former Judge, who was impeached for gross misconduct, can be designated by Parliament to serve on the body that found him guilty of this misconduct.

Our application is two-fold. In the first part we seek to urgently interdict John Hlophe from taking up a seat in the JSC, pending the outcome of the second part, in which we seek to review and set aside the decision by the National Assembly to designate him as one of the parliamentary representatives to the JSC.

It would be irrational for the National Assembly to have the same person, who has been impeached, representing it on the JSC, which is the body responsible for nominating Judges to appointment, and for disciplining Judges.

This designation of Dr Hlophe presents a clear conflict of interest and undermines the independence of South Africa's Judiciary. The National Assembly is obligated to protect and uphold the Judiciary's independence, integrity, and dignity, a responsibility the DA takes seriously.

Representatives elected to the JSC from the National Assembly must embody these values. Parliament’s failure to ensure this, risks undermining the JSC's processes for electing judges and investigating judicial conduct, thereby endangering the rule of law in South Africa and the proper functioning of the Judiciary.

Issued by Helen Zille, Chairperson of the DA Federal Council, 23 July 2024