COSATU welcomes Western Cape High Court ruling interdicting impeached former Judge Hlophe from JSC

27 September 2024

The Congress of South African Trade Unions (COSATU) welcomes the Western Cape High Court ruling interdicting impeached former Judge John Hlophe from participating in the Judicial Services Commission (JSC).  This common sense ruling by the High Court injects a badly needed sense of rationality into Parliament’s ill-considered decision to appoint Dr. Hlophe as a parliamentary representative to the JSC.

It defied all logic that Parliament saw nothing inappropriate with nominating a person who had been impeached for serious violations of his oath of office as a judge to the very same JSC entrusted by the Constitution to interview and make appointments to the judiciary.

It is precisely these kinds of juvenile antics, that have brought the legislature into disrepute in the eyes of voters.  The public has the right to expect those elected to Parliament and to serve on the JSC, to be persons of the highest moral standards, conduct and integrity.  Passing legislation should not be entrusted to persons with an unhealthy relationship with the rule of law.  Appointing judges equally should not be delegated to persons who have been found to have behaved so badly and in such gross violation of the oath of office and code of conduct, that their peers felt compelled to impeach them.

It is critical that Parliament now act to amend the Constitution and its Rules to ensure that it addresses the ethical vacuum highlighted by the High Court ruling.  Equally, political parties need to deploy persons other than constitutional delinquents to serve as public representatives.  If we are to ensure the cleansing of the state and the renewal of society, then we need to be led by persons of morality and sobriety.

Issued by Matthew Parks, Parliamentary Coordinator, COSATU, 27 September 2024