MK Party Deputy President Dr John Hlophe will not serve in the JSC.
Image: Armand Hough / Independent Newspapers
The Western Cape High Court has ruled that the impeached former judge, Dr John Hlophe, cannot be part of the Judicial Service Commission (JSC), saying his appointment was unconstitutional.
In a ruling on Monday, the High Court found that the National Assembly (NA) had failed to properly exercise its discretion in approving his appointment—thereby undermining the integrity of the judiciary.
The court held that Parliament’s conduct effectively rubber-stamped Hlophe’s nomination, disregarding the serious implications for the JSC’s credibility and constitutional mandate.
The MK Party deputy president was nominated to serve on the Judicial Service Commission (JSC) last year but subsequently resigned.
“The judiciary is essential to the maintenance of constitutional democracy.
“It is declared that the National Assembly may not designate Dr. Mandlakayise John Hlophe to serve on the Judicial Services Commission in terms of section 178(1)(h) of the Constitution.
“Hlophe and MKP are ordered to pay the applicant's costs,” the order stated.
The JSC, a constitutionally established body, is tasked with recommending judicial appointments and holding judges accountable.
The court emphasised that this function is essential to upholding judicial independence—an obligation it said was compromised by Hlophe’s appointment.
Hlophe and the MK Party were ordered to pay legal costs on a punitive scale.
The judgment followed legal action brought by Freedom Under Law, Corruption Watch, and the Democratic Alliance (DA) who argued that appointing an impeached judge to the JSC threatened the independence and legitimacy of South Africa’s judiciary.
In February 2024, Hlophe became the first judge in democratic South Africa to be impeached by Parliament, following a recommendation by the Judicial Service Commission.
The impeachment stemmed from a misconduct case dating back to 2008 when Hlophe was accused of attempting to improperly influence Constitutional Court Justices Bess Nkabinde and Chris Jafta in a matter involving then-President Jacob Zuma.
After more than a decade of legal proceedings, the JSC recommended his removal in 2021. Parliament only voted in favour of impeachment in 2024.
The DA federal chairperson, Helen Zille, has welcomed the court ruling.
Cape Argus