The Democratic Alliance (DA) has approached the Western Cape High Court to have the National Assembly’s (NA’s) decision to appoint John Hlophe as a parliamentary representative to the Judicial Service Commission (JSC) reviewed and set aside and have him interdicted from serving until a decision is made.

Earlier this month, impeached former judge president of the Western Cape Hlophe was nominated by the uMkhonto Wesizwe Party (MKP) to serve on the JSC, which is responsible for nominating judges for appointment, and for disciplining judges.

Hlophe is the first judge to be removed from office by the NA, after the JSC found him guilty of dishonesty and gross misconduct. His conviction resulted from his attempts to unlawfully influence two judges of the Constitutional Court, Judges Bess Nkabinde and Chris Jafta, in 2008 to rule in favour of Jacob Zuma in cases before them.

The DA argued that it was irrational for the NA to allow an impeached judge to serve on the JSC as it was a conflict of interest.

“While we accept that it is the prerogative of political parties to nominate persons to serve on the JSC, it does not follow that a former Judge, who was impeached for gross misconduct, can be designated by Parliament to serve on the body that found him guilty of this misconduct,” the party said.

It warned that the country’s judiciary would be undermined with such a move and that it would endanger the rule of law.

Civil rights organisation AfriForum has also applied to the Constitutional Court asking it to declare Hlophe’s appointment as “irrational, unlawful and in conflict” with the NA’s constitutional duty.