Hlophe Steps Down from Judicial Service Commission
On Monday, John Hlophe resigned from the Judicial Service Commission (JSC) just hours after the commission continued its interviews to fill vacancies at the Supreme Court of Appeal and high courts without him.
Nhlamulo Ndhlela, a spokesperson for the uMkhonto weSizwe (MK) party, stated that Hlophe stepped down because he refused to “legitimise an illegitimate process.”
This decision aligns with the MK party’s recent argument in the Western Cape High Court, claiming the commission would lack a quorum if Hlophe was not allowed to participate in the interviews.
However, the court disagreed and issued an urgent interdict, requested by the Democratic Alliance and Corruption Watch, preventing Hlophe from taking part in the interviews until the second part of their legal challenge regarding his appointment to the commission is resolved.
The Democratic Alliance, Corruption Watch, and Freedom Under Law have argued that the National Assembly failed to uphold its constitutional duty to ensure the judiciary’s impartiality and independence by approving the MK party’s nomination of an impeached judge to the commission.
Before his suspension by President Cyril Ramaphosa in late 2022 and his impeachment by the National Assembly in February this year, Hlophe led the Western Cape division of the high court.
His impeachment followed a JSC recommendation, which supported a tribunal’s finding of gross misconduct against Hlophe for attempting to influence two Constitutional Court justices to rule in favour of former President Jacob Zuma in the arms deal corruption case.
After the May elections, Hlophe joined the MK party as its parliamentary leader.
Last week, the party sent a letter to Chief Justice Mandisa Maya, threatening legal action unless the JSC postponed the interviews scheduled for this week.
Despite this, the JSC voted 20 to 1 to proceed with the interviews. The MK party’s urgent application to halt the interviews was dismissed by the Johannesburg High Court over the weekend.
The JSC learned of Hlophe’s resignation through media reports.