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Norton Rose Fulbright SA secures High Court interdict barring Dr. John Hlophe from Judicial Services Commission


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Norton Rose Fulbright SA secures High Court interdict barring Dr. John Hlophe from Judicial Services Commission

Norton Rose Fulbright

30th September 2024

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Norton Rose Fulbright South Africa, representing Corruption Watch, has successfully secured a significant High Court interdict barring Dr. John Hlophe from participating in the Judicial Services Commission (JSC).

The ruling follows a challenge to the National Assembly’s appointment of Dr. Hlophe, previously removed by the National Assembly as a judge for serious misconduct.

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The High Court found that the National Assembly had violated its constitutional obligations by following an outdated convention instead of exercising proper discretion. The ruling underscores the importance of upholding judicial independence and ensuring that only suitably qualified individuals are appointed to key positions like the JSC.

Corruption Watch’s legal team was led by Advocates Geoff Budlender SC, Pranisha Pillay, and Mitch de Beer, instructed by Laura Macfarlane and Jason Whyte from Norton Rose Fulbright South Africa’s Impact Litigation team.

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Jason Whyte, Impact Litigation attorney at Norton Rose Fulbright commented: “This judgment is a victory for accountability and sends a strong message about the importance of safeguarding the integrity of South Africa’s judiciary.”

This interdict will remain in effect pending further legal proceedings in both the High Court and Constitutional Court.

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