Parliament ponders its position on legal challenges to Hlophe designation to sit on JSC

CAPE TOWN - Parliament says it’s still deciding on the position it will adopt to legal challenges against its decision to endorse MK parliamentary leader, John Hlophe, as a commissioner on the Judicial Service Commission (JSC).
 
Last month, the Democratic Alliance (DA) and Freedom Under Law (FUL) both filed cases against the decision while AfriForum wants the Constitutional Court to hear its arguments.

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Parliament says it’s still consulting on how to respond to the challenges sparked by the former judge, who is now set to take up a seat on the very body that recommended his impeachment.
 
While nothing in law prohibits Hlophe from sitting on the body that appoints and disciplines judges, civil groups contend Parliament’s decision is irrational.
 
Although filed as separate cases, the Western Cape High Court is set to hear both the DA and FUL's arguments simultaneously in September.
 
Both complainants want the court to immediately interdict Parliament’s decision, and later to review it and set it aside.
 
The JSC is set to sit in October to fill vacancies across the country’s courts, including a replacement for Hlophe, who served as the Western Cape High Court’s judge president for over 20 years.
 
Parliamentary spokesperson, Moloto Mothapo, said the legislature was still consulting on its response.
 
"Parliament is currently consulting with its legal counsel to determine its approach and position regarding both parts A and B of the challenge as the court has decided to hear both during the two-day session."
 
FUL argues Hlophe’s designation is incompatible with the Constitution and Hlophe’s appointment will undermine public confidence in the JSC and the impartiality of the judiciary.