FUL welcomes ruling prohibiting MKP's Hlophe from serving on JSC

CAPE TOWN - Freedom Under Law (FUL) has welcomed Monday’s court ruling prohibiting the National Assembly from endorsing the uMkhonto weSizwe (MK) Party’s John Hlophe to serve on the Judicial Service Commission (JSC).

The organisation was one of three that challenged Hlophe’s designation.

The Western Cape High Court found it to be unconstitutional and irrational, given his impeachment on gross misconduct charges.

The bench also slapped Hlophe with a punitive costs order for disparaging comments made against the judiciary, including labelling FUL as racist agents of white monopoly capital, masquerading as a civic organisation.

While the National Assembly Speaker had argued that constitutionally there are no criteria prohibiting a Member of Parliament (MP) from serving on the JSC, the court said that by failing to consider Hlophe’s suitability for the role, the National Assembly made a material error of law.

Freedom Under Law’s executive director, Judith February, said this was a far-reaching aspect of the judgment.

"It may not merely rubber-stamp the nominations of political parties. So, Freedom Under Law regards the decision as an important vindication of the independence and integrity of the judiciary, and it's a crucial affirmation of the importance of the JSC."

The court made cost orders in favour of the applicants after taking a dim view of comments Hlophe made against the judiciary in the months this case has unfolded.

These included accusing FUL of colluding with the Democratic Alliance (DA) to "obliterate him" and claiming its chairman, retired Supreme Court Judge Azhar Cachalia, of abusing his position.

"This is a very important measure to protect the judiciary from inappropriate and unjustified attempts to undermine and attack it."

The MK Party said it would appeal the judgment. 

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