Freedom Under Law (FUL) has welcomed the Western Cape high court’s decision on Friday to interdict MK Party parliamentary leader John Hlophe from participating in the Judicial Service Commission’s (JSC) activities.
The high court interdicted Hlophe pending a final decision on challenges to the designation of the impeached judge as one of the representatives of the National Assembly on the JSC.
The interdict was granted after applications by the DA and Corruption Watch in which interim and then final relief was sought.
FUL had brought a separate application seeking a final order to set aside the National Assembly’s designation of Hlophe as a member of the JSC.
The court postponed FUL’s application until it hears the DA’s and Corruption Watch’s applications for final relief, or the Constitutional Court entertains a similar application by AfriForum and other interested parties, including FUL.
“FUL brought its application to protect the independence and integrity of the judiciary, and the independence and impartiality of the JSC.
“Dr Hlophe was removed from judicial office for gross misconduct. We reiterate that it would be completely inappropriate and unlawful for Dr Hlophe to serve on the JSC, which plays a central role in the appointment of judges,” FUL said.
The organisation said it was looking forward to its application being decided in due course.
Norton Rose Fulbright South Africa, the law firm representing Corruption Watch, said the ruling underscored the importance of upholding judicial independence and ensuring that only suitably qualified individuals were appointed to key positions like the JSC.
“This judgment is a victory for accountability and sends a strong message about the importance of safeguarding the integrity of South Africa’s judiciary,” said Jason Whyte, impact litigation attorney at Norton Rose Fulbright.
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