The fight to appoint uMkhonto weSizwe Party (MKP) caucus leader and former judge president of the Western Cape High Court John Hlophe to serve on the Judicial Service Commission (JSC) is hotting up, with NGOs defending his nomination.
Several NGOs have written a scathing statement to Parliament’s Speaker Thoko Didiza criticising other NGOs who are opposed to Hlophe being appointed to the JSC.
Hlophe, who was impeached four months ago, has been nominated to service in the body which effectively laid the groundwork for his impeachment. It was the JSC that found him guilty of gross misconduct in August 2021 and recommended impeachment.
Those who support Hlophe include Azania Party, Centre for Alternative Political and Economic Thought, Concerned Young Peoples Forum of South Africa, Tshwane Business Women Network, Resistance Against Impunity Movement and the Basic Rights Foundation.
Last week six legal civil society organisations, Freedom Under Law, the Council for the Advancement of the SA Constitution, Judges Matter, Helen Suzman Foundation, Defend our Democracy and the Ahmed Kathrada Foundation had written to Didiza expressing deep concern about the impeached Hlophe becoming one of the assembly’s representatives on the JSC.
They said it was “vital that those individuals designated to serve on the JSC are themselves individuals with a demonstrated commitment to upholding constitutional democracy, the rule of law, and the independence of the judiciary”.
But the NGOs that support Hlophe said the objection was an attempt to undermine and subvert the will of the people.
“We, the true representatives of the poor, black, downtrodden, economically marginalised masses, cannot sit silent when we see an injustice committed on one of our own gallant stalwarts of our Struggle, Dr Hlophe.
“This is nothing else but an attack on the principle of representativeness,” they said in a joint statement.
They said South Africa is the “only country on the African continent where the black majority are no different to slaves whilst the white minority controls the means of production from the financial services sector to food security and even the law itself”.
“We the people want Judge Hlophe, and we cannot be dictated (to).
In any case, it is not for Parliament to decide on him representing us.
“Judge Hlophe is a representative of our people and with such suitable qualifications he is best suited for the JSC role. No funded NGO should be allowed to undermine the will of the people.”
MKP spokesperson Nhlamulo Ndhlela said Hlophe will take up his nomination to the JSC, despite the objections.
“Based on the number of seats we have in Parliament it is our right and privilege to place anyone we want.
The impeachment was a political process and has nothing to do with his competency.
“The law states that once you have been sworn in as a member of Parliament you cannot be prevented from serving in any committee,” he said.
Casac did not respond to a request for comment on Sunday.
Mbekezeli Benjamin of legal NGO Judges Matter said they will wait for the Speaker’s response before exploring other options. “We know that Parliament will vote on this matter on Tuesday. It is not just the JSC that matters, it is also the Magistrates Commission and we believe the people put into these posts should be beyond reproach,” he said.
The Mercury