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Case Note: MKP v JSC

Daniela Ellerbeck reviews the latest saga surrounding Dr Hlophe and the JSC, looks at the facts and issues at hand to explain why the Court reached the conclusion it did.

The post CASE NOTE: MKP v JSC appeared first on FW de Klerk Foundation.

Issued by Daniela Ellerbeck on behalf of the FW de Klerk Foundation:

Introduction:

In a judgment, that is the latest in a saga surrounding Dr Hlophe and the JSC, the Gauteng Division of the High Court (“the Johannesburg High Court”) refused to grant the uMkhonto weSizwe Party (“MKP”) relief against the Judicial Services Commission (“JSC”). The judgment follows eight days after a full bench of the Western Cape Division of the High Court (“the Cape Town High Court”) interdicted Dr Hlophe from participating in the JSC’s work (see this case note). This current case note will look at the facts, issues and the applicable law the Court referred to. It will then look at the Court’s application of said law to the facts and issues at hand to explain why the Court reached the conclusion it did.

FACTS:

On 9 July 2024, Parliament designated Honourable Dr John Hlophe (“Dr Hlophe”) as one of the MPs to represent Parliament on the JSC. The JSC was scheduled to sit from 7 to 11 October 2024. Dr Hlophe had been impeached for gross judicial misconduct, specifically for attempting to improperly influence two justices of the Constitutional Court to violate their oaths of office. This has led to his removal from the office. However, despite these serious findings, Parliament designated him as one of the JSC’s members.

Cape Town High Court proceedings:

The Democratic Alliance, Corruption Watch and Freedom Under Law filed an urgent application to prevent Dr Hlophe from participating in the JSC’s proceedings. This resulted in a full bench of judges (i.e. three judges) of the Cape Town High Court granting an interim (i.e. pending the final determination of the review) interdict preventing him from doing so, after hearing the matter, because it concluded that there was a compelling case that the designation of an impeached judge to the JSC was irrational and posed a serious threat to judicial independence.

After the Cape Town High..continue reading this article HERE.

Khumbudzo Ntshavheni: {2023 – Present} Khumbudzo Phophi Silence Ntshavheni has been serving as the Minister in the Presidency since March 2023. She previously held the position of Minister of Communications and Digital Technologies from 2021 to 2023. Ntshavheni is a member of the African National Congress and has a background in various ministerial roles, including Minister of Small Business Development. She was born on 30 January 1977 in Sibasa, Thohoyandou.

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