Dear Editor
The DA’s legal challenge against Parliament’s designation of Dr John Hlophe, impeached former judge, and uMkhonto we Sizwe Member of Parliament, to the Judicial Services Commission, has succeeded with costs.
The DA pursued, and won this case, to uphold the rule of law.
The High Court found Parliament violated the Constitution by designating Dr Hlophe to take up a seat on the Commission, because as a previously impeached judge who breached his judicial oath, he was found to be unfit to continue serving as a judge, which undermines the integrity and compromises the legitimacy of any JSC process he may be involved in to appoint further judges.
The High Court order to bar an impeached judge from serving on the Judicial Services Commission, is a victory for the rule of law, and the Constitution.
The Judicial Services Commission must play its role as interviewing and disciplinary body for the judicial arm of Government through members who are themselves fit and proper and above reproach.
The judgment of the High Court stresses that “public confidence in the judiciary’s composition and administration of justice is vital” – a sentiment with which the DA firmly agrees.
Regards
Helen Zille
DA Federal Council Chairperson