Court rules impeached judge John Hlophe cannot serve on JSC

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.

- KAMOGELO MOICHELA

In a ruling yesterday, 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.