AfriForum’s Constitutional Court application regarding Hlophe gets the green light

26 August 2024

AfriForum is one step closer to its goal of having former judge-president Dr John Hlophe’s appointment as a member of the Judicial Services Commission (JSC) set aside in the Constitutional Court. This follows after the Constitutional Court issued directives today ordering respondents in this case to submit answering affidavits to AfriForum’s application for direct access to the Constitutional Court.

In July, AfriForum requested direct access to the court to declare Hlophe’s appointment to the JSC as irrational, unlawful and contrary to the National Assembly’s (NA) constitutional duty. The Speaker of Parliament, Hlophe and the MK party are respondents in this case and they now have until Friday (30 August) to file their affidavits.

According to Kallie Kriel, CEO of AfriForum, the court’s issuance of these directives is an important development and indicates that the court is considering AfriForum’s application for direct access.

“This is a positive indication that AfriForum’s application for direct access to the Constitutional Court is not based on invalid grounds. We consider this as a step in the right direction to protect the rule of law. We are now even more hopeful that we will be able to challenge Hlophe’s appointment in the highest court and that this appointment, which undermines the credibility and independence of the judiciary, will be set aside,” explains Kriel.

Hlophe’s own application for direct access to the Constitutional Court to set aside the processes that resulted in his removal as a judge was, meanwhile, summarily dismissed last week.

Background information

Hlophe is the first judge to be removed from office by the NA since 1994. This followed after the JSC found him guilty of dishonesty and gross misconduct. His conviction stemmed from his attempts to unlawfully influence two judges of the Constitutional Court, Judges Bess Nkabinde and Chris Jafta, in 2008 to rule in favour of Jacob Zuma in cases before them.

Issued by Kallie Kriel, Chief Executive Officer, AfriForum, 26 August 2024