The Democratic Alliance (DA) is urging public comment on its proposed Private Members Bill, as it seeks to remove legal gaps that allow impeached judges and chapter 9 heads from being members of national, provincial or local legislatures and councils.
DA spokesperson on Justice and Constitutional Development Advocate Glynnis Breytenbach argued that by allowing such individuals to become MPs, public trust in Parliament is eroded and institutions are brought into disrepute.
The DA has been vocal about the appointment of uMkhonto weSizwe Member of Parliament Dr John Hlophe on the Judicial Service Commission (JSC).
Hlophe is the first judge to be removed from office by the National Assembly, 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.
In July last year, Hlophe was himself nominated by his party to serve on the JSC, which is responsible for nominating judges for appointment, and for disciplining judges.
The DA argued that Hlophe’s appointment to the JSC undermined the “integrity and compromised” the legitimacy of any process he may be involved in to appoint or discipline judges.
The DA won the case and Hlophe was removed from the JSC.
Breytenbach believes the Bill will be a “strong” step toward bolstering public trust in Parliament and increasing the legislature’s ability to hold other arms of government accountable.
The Bill will seek to amend sections 47, 106 and 158 of the Constitution to achieve its objective.
“The people of South Africa deserve representatives that embody honesty and integrity, and allowing this category of persons found guilty of misconduct to become MPs is a slap in the face of honest, law-abiding South Africans,” she said.
Representations can be sent to:
The Speaker
New Assembly Building
Parliament Street, Cape Town
PO Box 15, Cape Town, 8000
Or via email to speaker@parliament.gov.za; cc: legislation@da.org.za
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