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John Hlophe’s Designation to the JSC Challenged

Dear Editor

Today marks a pivotal moment as the Western Cape High Court begins to hear the Democratic Alliance’s case challenging the designation of John Hlophe to the Judicial Service Commission (JSC). Download the founding affidavit here.

Our legal action underscores a fundamental concern for the integrity and independence of South Africa’s judiciary.

The writers of our constitution could never have envisioned a situation where an impeached judge – one removed for gross misconduct – could be appointed to the JSC, the very body responsible for selecting and overseeing judges.

This designation presents a profound conflict of interest. John Hlophe’s impeachment, after a prolonged 16-year battle, was a stark reflection of his conduct, and it is inconceivable that such a compromised individual should have a say in the selection of future judges.

We acknowledge the right of political parties to nominate representatives to the JSC. However, the appointment of an individual with a tarnished record to this critical role is a blatant disregard for the standards of integrity and propriety that our judicial system demands. It also exacerbates the public’s distrust in political processes.

The core issue today is whether someone with a history of misconduct should be allowed to participate in the selection of judges, a role that demands unimpeachable standards. Our challenge is not just a legal battle; it is a stand for the values of our constitutional democracy, ensuring that those who hold power within our judiciary are beyond reproach.

Alongside our partners – Freedom Under Law and the Council for the Advancement of the South African Constitution (CASAC) – we are defending a principle that affects every South African. The outcome of this case will impact all those who have ever appeared before a court, or who may do so in the future. The DA remains committed to upholding the rule of law and the independence of our judiciary, and we will continue to fight for these principles in the face of any threats to their integrity.

Regards

Helen Zille
Chairperson of the DA Federal Council

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