Freedom Under Law (FUL) on Tuesday welcomed the Western Cape High Court ruling against uMkhonto we Sizwe Party (MKP) Member of Parliament (MP) and impeached judge Dr John Hlophe’s designation to the Judicial Service Commission (JSC), saying this is an important vindication of the “independence and integrity” of the judiciary, and a crucial affirmation of the importance of the JSC.

On Monday, the Western Cape High Court ruled that the National Assembly’s decision to designate Hlophe as a member of the JSC was “unconstitutional and invalid”.

The court further declared that Hlophe may not be designated to serve on the JSC. 

In July last year, Hlophe was nominated by his party to serve on the commission, which is responsible for nominating judges for appointment, and for disciplining judges.

FUL had challenged Hlophe’s designation, along with the Democratic Alliance (DA) and Corruption Watch.

FUL executive officer Judith February pointed to an interim interdict which was previously granted to the DA and Corruption Watch to prevent Hlophe from taking up a position on the JSC at its October 2024 sitting.

FUL had sought a final order, and its application was decided together with part of the DA and Corruption Watch’s applications.

FUL has consistently argued that it is “manifestly inappropriate” for Hlophe to serve as a member of the JSC, following his removal from judicial office for gross misconduct, and considering his and the MKP’s subsequent public statements attacking the integrity of the judiciary.

February highlighted that the court judgment established the important principle that the National Assembly was under a duty to ensure that MPs it designated to serve on the JSC were suitable to do so.

“…it may not merely rubber-stamp the nominations of political parties. The judgment is also significant in that the court awarded punitive costs against the MK Party and Dr Hlophe for a series of statements which the court found to constitute an ongoing effort to undermine the judiciary. This is an important measure to protect the judiciary from inappropriate and unjustified attempts to undermine it,” she added.

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.