ActionSA to refer John Hlophe’s JSC matter to Constitutional Review Committee as High Court interdict reveals blind spot

27 September 2024

ActionSA will refer the John Hlophe matter to Parliament's Constitutional Review Committee following the interdict preventing his appointment to the Judicial Service Commission (JSC), as we believe this underscores the urgent need for constitutional reforms to clarify the glaring contradictions in eligibility criteria for public office, representing a clear constitutional blind spot.

In light of the fact that John Hlophe is a duly elected Member of Parliament, a position that meets all constitutional requirements as per Section 47 of the Constitution of the Republic of South Africa, ActionSA believes that the argument questioning his fitness to serve on the Judicial Service Commission (JSC) presents a unique challenge and constitutional blind spot.

This contention reveals a potential contradiction in the eligibility criteria for public office. On one hand, his election to Parliament signifies a recognition of his competence and ability to represent South Africans, while on the other hand, the claim that he is unfit for the JSC—a deployment by the very house to which he was duly elected—raises questions about whether the standards for these two roles are misaligned, as we believe the judgment suggests.

ActionSA would argue that if he is deemed fit to serve as the Leader of the Official Opposition in the same legislative body responsible for shaping the country’s laws, it raises the question of why the prevailing standards would not apply to the JSC and the other committees he currently serves on. This inconsistency underscores the need for a more consistent and transparent application of eligibility criteria to safeguard the integrity of both Parliament and the JSC in the future.

ActionSA will therefore refer this matter to the Constitutional Review Committee to initiate a review process of applicable legislation, rules, and frameworks to seek to clarify this contradiction and ensure that eligibility standards for public office are consistent, transparent and uphold the integrity of both Parliament and the Judicial Service Commission in this particular case.

Issued by Lerato Ngobeni, Parliamentary Chief Whip, ActionSA, 27 September 2024