DA says National Assembly committed an error of law in approving MK's nomination of Hlophe to serve on JSC

CAPE TOWN - The Democratic Alliance (DA) said that the National Assembly committed an error of law when it approved the uMkhonto weSizwe (MK) Party’s nomination of its parliamentary leader, John Hlophe, to serve on the Judicial Service Commission (JSC). 

The party was before the Western Cape High Court on Tuesday, challenging the impeached judge’s appointment, along with non-governmental organisations, Freedom Under Law and Corruption Watch.

Advocate Ismail Jamie told a full bench that the matter was not moot, despite Hlophe’s resignation from the JSC last October, because the National Assembly had not replaced him.

Jamie also reminded the court that the former judge president of the same court became the country’s first judge to be impeached due to misconduct charges by the same body he now wants to be a part of.

In 2024, the court interdicted Hlophe from sitting on interviews for new judges until this review was heard.

"Until now, the National Assembly has attempted to operate in a democratic way and we accept that. That’s what Parliament should do. But here unfortunately, what Parliament lost sight of is this is not a political process. In designating members of the JSC, with the greatest respect, we say the Speaker got it wrong," said Jamie.