John Hlophe JSC Ban: Parliament Gears Up for Constitution Amendment
Cape Town - The fallout from last week's High Court ruling barring impeached judge John Hlophe from serving on the Judicial Service Commission (JSC) continues. Parliament is now preparing to amend the Constitution to prevent individuals impeached for gross misconduct from holding other public office.
The ruling, which found that the National Assembly acted inconsistently with the Constitution when designating Hlophe to the JSC, has ignited a national debate on the integrity of public office and the need for stricter regulations. Several political parties and civil society organizations have welcomed the court's decision.
CASAC's Proposal and DA's Bill
The Council for the Advancement of the South African Constitution (CASAC) has submitted a proposal to the Constitutional Review Committee advocating for amendments to sections 177 and 194 of the Constitution. These amendments would explicitly prevent individuals removed from judicial office or a Chapter 9 institution from holding any other public position.
Meanwhile, the Democratic Alliance (DA) has revealed that a Private Member's Bill to this effect is already being drafted. Glynnis Breytenbach, the DA's justice spokesperson, emphasized the importance of tightening the law to prevent impeached individuals from returning to government in different capacities. She stated, "I think 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."
What's Next?
The National Assembly speaker is expected to announce the next steps in filling the vacancy on the JSC. The seat is currently allocated to the MK Party, which plans to appeal the ruling preventing John Hlophe from serving on the body. The legal battle is expected to continue, adding further complexity to this already contentious issue.
- Parliament is considering amending the Constitution.
- CASAC has proposed specific changes to sections 177 and 194.
- The DA is drafting a Private Member's Bill.
- The MK Party plans to appeal the ruling.
This situation underscores the ongoing efforts to safeguard the integrity of South Africa's democratic institutions and ensure accountability for those in positions of power.