The uMkhonto weSizwe (MK) Party member of Parliament John Hlophe has resigned from the Judicial Service Commission (JSC).
Hlophe’s decision comes as the Western Cape High Court barred him from partaking in JSC activities following a legal challenge by the Democratic Alliance (DA).
To add salt to the wound, on Saturday the Gauteng High Court in Johannesburg dismissed the MK Party’s urgent application to have this week’s JSC sitting declared unconstitutional and postponed pending the outcome of the Western Cape High Court ruling.
JOHN HLOPHE RESIGNS FROM JSC
In a statement, MK Party spokesperson Nhlamulo Ndhlela said the party had written to the Speaker of the National Assembly, Thoko Didiza, to withdraw the nomination of Hlophe as one of the designated members of the National Assembly to serve on the JSC.
Hlophe was elected alongside EFF leader Julius Malema, Glynnis Breytenbach (DA), Soviet Lekganyane (ANC), Fasiha Hassan (ANC), and Athol Trollip (ActionSA) in July.
Ndhlela said the MK Party would not allow Hlophe’s name to be associated with or used to “legitimise a patently misleading, fraudulent and improperly constituted JSC”.
“The MK Party maintains that the composition of the JSC without Hlophe’s participation as a representative from the leading opposition party is in violation of the Constitution.
“This JSC has failed to meet the prescribed minimum threshold of three members from the opposition parties,” Ndhlela said.
Meanwhile, the week-long JSC sitting scheduled to start on Monday, 7 October, went ahead as planned as the MK Party also backtracked on its decision to picket outside the venue.
DA CLAIMS VICTORY
As mentioned above, the DA had previously filed court papers to challenge Hlophe’s nomination to serve on the JSC citing his impeachment.
DA MP and spokesperson on justice and constitutional development, Glynnis Breytenbach, said Hlophe’s resignation moment marked a significant victory for the DA and for judicial independence, as they “have long argued that an impeached judge with a record of gross misconduct should not have a seat on the JSC”.
“His resignation from the JSC reinforces the principle that only individuals of the highest ethical standards should be entrusted with shaping our judiciary.
“This outcome is not just a triumph for the DA but a win for every South African who believes in an impartial and independent judiciary, free from undue influence and compromised leadership,” Breytenbach said.
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