uMkhonto weSizwe Party (MKP) parliamentary leader John Hlophe on Monday resigned from the Judicial Service Commission (JSC), days after the Western Cape High Court interdicted him from participating in an interview process to fill vacant posts in the country.
Hlophe was impeached as a judge in March for gross misconduct.
The JSC refused the MKP’s request last week to postpone the interviews pending the outcome of court proceedings regarding the interdict.
MKP spokesperson Nhlamulo Ndhlela on Monday said the party had formally written to the Speaker of the National Assembly, Thoko Didiza, to withdraw Hlophe’s nomination to serve in the JSC.
“This withdrawal takes effect immediately. The MK Party will not allow the name of (Hlophe) 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 Dr Hlophe's participation as a representative from the leading opposition party, is in violation of Section 178(1)(h) of the Constitution,” Ndhlela said.
He said the JSC had failed to meet the prescribed minimum threshold of three members from the opposition parties.
“We further believe that the will of the overwhelming number of people of South Africa who voted for participation of Dr Hlophe in all parliament duties assigned to him has been severely and constitutionally undermined.”
Glynnis Breytenbach, the DA’s spokesperson on justice, on Monday said Hlophe’s resignation was the result of the party and civil society's relentless pursuit of justice and integrity within South Africa’s judiciary.
The DA, Corruption Watch and Freedom Under Law had brought the case to prevent Hlophe from participating in the JSC processes.
“This moment marks a significant victory for the DA and for judicial independence, as we have long argued that an impeached judge with a record of gross misconduct should not have a seat on the JSC.
“For years, the DA has led the fight to hold Dr Hlophe accountable, and his resignation from the JSC reinforces the principle that only individuals of the highest ethical standards should be entrusted with shaping our judiciary.”
Breytenbach said the development reaffirms their “commitment to protecting the integrity of our courts and the rule of law”.
“It remains to be seen whether or not this is another cheap stunt to disrupt the sitting of the JSC, but his departure is a certain win.”
Alison Tilley of legal NGO Judges Matter said the uncertainty over whether Hlophe could or could not attend the JSC process had destabilised the work of the commission.
“This is a very important constitutional body that has a big role to play and with the crisis around the number of judges we have, it is important that the JSC is able to get on with the work at hand.
“He was merely one of ten Members of Parliament in this process, there are a number of judges, many lawyers and there are 23 commissioners.”
Tilley said if one person was absent, the JSC proceedings go on.
Last month, the Western Cape High Court interdicted Hlophe from participating in the JSC processes that started yesterday and said in its judgment that the JSC would continue to function in his absence.
The MKP last week wrote to the JSC chairperson, Chief Justice Mandisa Maya, with an urgent request to postpone the interviews, stating that the JSC would not be properly constituted without Hlophe.
Maya responded in a letter to the MKP request, saying the JSC had met urgently and had resolved to proceed with the sitting, saying the JSC considered itself bound by the judgment and order of the Western Cape High Court.
The party then failed with an urgent application in the Johannesburg High Court on Saturday.
The Mercury