Hlophe’s JSC appointment slammed as showing lack of accountability

Legal expert, Professor Jacob Mofokeng, says the decision to have impeached Judge President John Hlophe designated to the Judicial Services Commission (JSC) shows a lack of accountability from both the National Assembly and the ANC.

Hlophe was named amongst the candidates that will serve in the body that is mandated to recommend people for appointment as judges and also probe complaints against judicial officers.

The impeached Judge President of the Western Cape was appointed to lead the MK Party in the National Legislature.

Mofokengs says the decision shows the inconsistencies in South African politics.

“What the ANC and the National Assembly did to allow Dr Hlophe to sit on the JSC is indeed a lack of accountability from their side, considering the controversy that has been Dr Hlophe during his career as a Judge President,” says the legal expert.

Mofokeng says the issue will need to be addressed with urgency, despite the Constitution not making provision to bar an impeached judge from holding public office.

Hlophe will now serve in the commission that recommended his removal after it found him guilty of gross misconduct, and subsequently impeached by the National Assembly.

He is alleged to have attempted to influence two Constitutional Court justices Bess Nkabinde and Chris Jafta to rule in favour of former president Jacob Zuma in his arms deal case in 2008.

The former president at the time was challenging the legality of warrants used by the then Directorate of Special Operations, known as the Scorpions, to seize close to 100 000 pages of evidence in his corruption trial.

Hlophe will now sit shoulder to shoulder with the DA’s Glynnis Breytenbach who labelled Hlophe’s impeachment as a historic moment in democratic history.

Breytenbach, who is also part of the JSC, says Hlophe cannot be allowed to serve in the same commission that found him guilty of misconduct.

She has accused the EFF and MK Party of wanting to tear down the independence of the judiciary.

“This is a clear conflict of interest and an attempt to undermine the independence of the Judiciary of South Africa. The National Assembly is bound to protect and assist the Judiciary’s independence, integrity, and dignity, which the DA does not take lightly,” says the former NPA prosecutor turned DA politician.

Breytenbach maintains that Hlophe’s inclusion undermines the JSC processes for the election of judges and their investigations into judges’ conduct.

She adds that this endangers the rule of law in South Africa and the proper functioning of the Judiciary.

⚖ Protect Our Judiciary: No to Hlophe! 🇿🇦

It is neither reasonable nor rational to elect MK Party’s Dr Hlophe, found guilty of gross misconduct, to the JSC. We must uphold judicial integrity and protect our courts’ independence and effectiveness.

Read more:… pic.twitter.com/njHFbrbxyj

— Democratic Alliance (@Our_DA) July 9, 2024

Some South Africans have, however, lashed back at Breytenbach, saying she is also not squeaky clean.

Meet DA, Breytenbach:
2013, she was suspended by Ms Jiba for criminal charges but acquitted for “accidentally deleting” evidence.

She unsuccessfully challenged her suspension in court and later resign.

She’s an MP and Shadow Min of Justice.

Did we hear about ethics?

NO. pic.twitter.com/ONPekFZxfV

— Sips: Frank Talk. (@sapien____) July 9, 2024

In fact Adv Glynnis Breytenbach was still working for NPA when her name was rumoured to be on DA Parliamentary list in 2014. In 2016 she was arrested for Contravention of NPA Act. Further charges of fraud & perjury were added. She was not forced to step aside as DA MP. pic.twitter.com/01N4UNJRrR

— Bra Hloni (@BraHlonisky) October 17, 2023

Meanwhile the EFF’s second in charge, Floyd Shivambu, welcomed Hlophe’s appointment with open arms, saying anyone eligible to be a Member of Parliament (MP) can be delegated to any responsibility in the National Legislature.

Shivambu says Hlophe has the necessary skills and qualifications to serve in the JSC.

The EFF leader also took a swipe at the DA, saying they have officials who don’t have qualifications but are in the executive.

“Let’s respect the fact that a certain number of people in South Africa have voted for the MK Party and have designated Dr Hlophe to become a member of parliament so let’s respect that, it’s a matter of protocol which we have always protected in the chief whips forum.”

♦️Must Watch♦️

The EFF Deputy President @FloydShivambu on the DA’s objection of Judge John Hlophe’s designation to the Judicial Service Commission.

-As a matter of principle, anyone who is eligible to become a member of parliament, as per section 47 of the Constitution, can be… pic.twitter.com/MIusFulw4p

— Economic Freedom Fighters (@EFFSouthAfrica) July 9, 2024

NPO, Judges Matter, has expressed disappointment in Hlophe’s appointment.

The organisation believes it undermines the credibility of JSC and the integrity of the judiciary.

Judges Matter’s Research and Advocacy Officer, Mbekezeli Benjamin, has reiterated the organisation’s plea for the recall of commissioners who fall short of the standard expected for such officials.