CAPE TOWN - The legal saga surrounding John Hlophe's appointment to the Judicial Service Commission (JSC) continues, prompting Parliament to consider amending the Constitution. This follows a Western Cape High Court ruling that barred Hlophe, impeached for gross misconduct, from serving on the JSC.
The ruling has sparked debate and calls for legislative changes to prevent individuals removed from judicial office or Chapter 9 institutions from holding any other public office. The Council for the Advancement of the South African Constitution (CASAC) has already submitted proposals to the Constitutional Review Committee.
DA Pushes for Amendment to Prevent Future Appointments
The Democratic Alliance (DA) is actively pushing for legislative changes, with Glynnis Breytenbach, the party's justice spokesperson, emphasizing the importance of preventing impeached individuals from returning in other governmental roles. Breytenbach stated that a Private Member's Bill has been drafted and is currently with Parliament's legal drafters.
“It’s very important that Parliament is populated with MPs who are ethical, honest, reliable and have integrity, so the sooner we can prevent bad eggs like John Hlophe and Busisiwe Mkhwebane coming to Parliament, the better,” Breytenbach said.
MK Party to Appeal Ruling
Despite the court's decision, the MK Party plans to appeal the ruling that prevents its parliamentary leader, John Hlophe, from serving on the JSC. The National Assembly speaker is expected to announce the next steps in filling the vacancy on the commission.
Implications of the Ruling
- The Western Cape High Court deemed the National Assembly's endorsement of Hlophe's nomination for the JSC as unconstitutional and irrational.
- The ruling underscores the importance of maintaining the integrity of the judiciary and ensuring that individuals holding public office meet the highest ethical standards.
- Parliament's upcoming deliberations on constitutional amendments could have significant implications for the future appointment of individuals to key government positions.
The situation remains fluid, and further developments are expected as Parliament addresses the constitutional implications of the Hlophe case.