ActionSA wants constitutional blind spot fixed after Hlophe-JSC saga
ActionSA says the Western Cape High Court ruling interdicting impeached judge and uMkhonto weSizwe (MK) Party member of Parliament John Hlophe from serving on the Judicial Service Commission (JSC) emphasises the urgent need for constitutional reforms to clarify the glaring contradictions in eligibility criteria for public office, representing a clear constitutional blind spot.
On Friday, 27 September, the high court interdicted Hlophe from JSC activities including the upcoming interviews in October.
ACTIONSA ‘UNSETTLED’ BY COURT RULING INTERDICTING JOHN HLOPHE FROM SERVING ON THE JSC
As previously reported, Hlophe’s appointment to serve on the JSC did not sit well with many and in July, the Democratic Alliance (DA) filed court papers to challenge the decision. Lobby group AfriForum also launched an application at the Constitutional Court to have Hlophe’s designation to the JSC declared irrational and unlawful.
Following the court ruling, ActionSA said it will refer the matter to Parliament’s Constitutional Review Committee.
The party said this contention reveals a potential contradiction in the eligibility criteria for public office. On one hand, Hlophe’s election to Parliament signifies a recognition of his competence and ability to represent South Africans, while on the other hand, the claim that he is unfit for the JSC—a deployment by the very house to which he was duly elected—raises questions about whether the standards for these two roles are misaligned, as we believe the judgment suggests.
ActionSA chief whip Lerato Ngobeni said if Hlophe is deemed fit to serve as the leader of the official opposition in the same legislative body responsible for shaping the country’s laws, it raises the question of why the prevailing standards would not apply to the JSC and the other committees he currently serves on.
“This inconsistency underscores the need for a more consistent and transparent application of eligibility criteria to safeguard the integrity of both Parliament and the JSC in the future.
“ActionSA will therefore refer this matter to the Constitutional Review Committee to initiate a review process of applicable legislation, rules, and frameworks to seek to clarify this contradiction and ensure that eligibility standards for public office are consistent, transparent and uphold the integrity of both Parliament and the Judicial Service Commission in this particular case,” Ngobeni said.
DO YOU THINK JOHN HLOPHE SHOULD PARTAKE IN JSC ACTIVITIES?
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