Dr John Hlophe, Deputy President of the uMkhonto weSizwe Party (MKP), has vowed to challenge the Western Cape High Court’s ruling that declared his appointment to the Judicial Service Commission (JSC) unconstitutional.
Speaking at the MKP press briefing held at the Coastlands Skye Hotel in Durban on Tuesday, Hlophe issued a defiant warning: “Asizodlala amajaji la – we won’t be played by judges here.”
The Western Cape High Court found that the National Assembly (NA) failed to properly exercise its discretion in approving Hlophe’s appointment, effectively undermining the credibility of the JSC.
As previously reported by , the court said Parliament had “rubber-stamped” the nomination, ignoring the serious implications for the judiciary’s constitutional mandate.
It ruled that “the National Assembly may not designate Dr Mandlakayise John Hlophe to serve on the Judicial Services Commission in terms of section 178(1)(h) of the Constitution.” The judgment also ordered Hlophe and the MK Party to pay the applicants’ legal costs on a punitive scale.
Hlophe, who resigned from the JSC post after being nominated in 2023, became the first judge in democratic South Africa to be impeached by Parliament in February 2024. His removal followed a misconduct case dating back to 2008, when he was accused of trying to improperly influence Constitutional Court Justices in a case involving former President Jacob Zuma. The Judicial Service Commission recommended his removal in 2021, but Parliament only acted on it three years later.
Parliament spokesperson Moloto Mothapo, acknowledged the judgment and confirmed that it had opted to abide by the Court’s decision during the review process.
“Parliament notes the judgment handed down yesterday by the Western Cape Division of the High Court regarding the review applications brought by the Democratic Alliance, Freedom Under Law, and Corruption Watch,” Mothapo said.
He further said: “The Court has ruled that the National Assembly’s decision to designate Dr John Hlophe, MP, to serve as one of its representatives on the Judicial Service Commission (JSC), in terms of section 178 of the Constitution was unconstitutional, invalid, and therefore reviewed and set aside.”
The court emphasised the importance of maintaining judicial independence, calling Hlophe’s appointment a compromise to that principle.
Mothapo noted this concern, saying the Court was particularly troubled by “the rationality of designating a member who was previously found guilty of gross misconduct and removed from judicial office, and who has continued to demonstrate conduct incompatible with Parliament’s obligation to protect and ensure the independence and integrity of the judiciary.”
He affirmed Parliament’s commitment to realign its internal processes with the Court’s guidance:
”Parliament will take all necessary steps to ensure alignment with the Court’s findings.
“This includes instituting the appropriate processes to ensure that future designations comply with the constitutional principles outlined in the judgment.”
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