UMkhonto weSizwe (MK) Party member of Parliament John Hlophe has resigned from the Judicial Service Commission (JSC).
Hlophe’s decision comes as the Western Cape High Court barred him from partaking in JSC activities following a legal challenge by the Democratic Alliance (DA). To add salt to the wound, the Gauteng High Court in Johannesburg dismissed the MK Party’s urgent application to have this week’s JSC sitting declared unconstitutional and postponed pending the outcome of the Western Cape High Court ruling.
JOHN HLOPHE RESIGNS FROM JSC
In a statement, MK Party spokesperson Nhlamulo Ndhlela said the party has written to the Speaker of the National Assembly Thoko Didiza to withdraw the nomination of Hlophe as one of the designated members of the National Assembly to serve in the JSC.
Hlophe was elected alongside EFF leader Julius Malema, Glynnis Breytenbach (DA), Soviet Lekganyane (ANC), Fasiha Hassan (ANC), and Athol Trollip (ActionSA) in July.
Ndhlela said the MK Party will not allow John Hlophe’s name to be associated with or used to legitimise a patently misleading, fraudulent and improperly constituted JSC.
“The MK Party maintains that the composition of the JSC without Hlophe’s participation as a representative from the leading opposition party is in violation of the Constitution.
“This JSC has failed to meet the prescribed minimum threshold of three members from the opposition parties,” Ndhlela said.
DA CLAIMS VICTORY
As mentioned above, the DA filed court papers to challenge Hlophe’s nomination to serve on the JSC citing his impeachment.
DA spokesperson on justice and constitutional development Glynnis Breytenbach said this moment marks a significant victory for the DA and for judicial independence, as we have long argued that an impeached judge with a record of gross misconduct should not have a seat on the JSC.
“His resignation from the JSC reinforces the principle that only individuals of the highest ethical standards should be entrusted with shaping our judiciary.
“This outcome is not just a triumph for the DA but a win for every South African who believes in an impartial and independent judiciary, free from undue influence and compromised leadership,” Breytenbach said.
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