Dismissal of impeached judge's appeal welcomed

Freedom Under Law (FUL) has welcomed the decision by the Constitutional Court to dismiss impeached Judge John Hlophe’s appeal of the Western Cape High Court’s interdict that prevented him from sitting as a member of the Judicial Services Commission, says a Polity report. ‘FUL was one of the parties which challenged the National Assembly's designation of Dr Hlophe as a member of the JSC. Central to FUL's arguments was the clear view that for someone who had been removed from judicial office for gross misconduct to be a member of the body which is central to the selection of judges is unconstitutional and unlawful,’ said FUL executive officer Judith February. FUL further argued that the National Assembly was unreasonable and irrational in its decision to designate Hlophe as a JSC member and that it did not fulfil its constitutional obligation to protect the courts. February said the Constitutional Court’s ruling – which came with costs against Hlophe – was important to prevent future ‘dilatory’ court proceedings. ‘This is an important measure to protect the court process from being stymied by unnecessary appeals as has so often been witnessed in South African courts in the past decade. FUL stands by its arguments as to why Dr Hlophe should not be designated as a member of the JSC, and awaits the final judgment of the Western Cape High Court which is currently pending,’ said February. Hlophe is now the parliamentary leader of former President Jacob Zuma's Mkhonto we Sizwe Party.

Full Polity report