Afriforum Takes Hlophe’s JSC Appointment To The Constitutional Court

Lobby group Afriforum has escalated its opposition to the appointment of impeached Western Cape Judge President John Hlophe to the Judicial Services Commission (JSC) by filing papers before the Constitutional Court.

This move follows Hlophe’s election to the JSC for the Umkhonto weSizwe party earlier this month, despite his impeachment earlier this year.

The Judicial Services Commission itself had found that Hlophe attempted to influence Constitutional Court judges Chris Jafta and Bess Nkabinde to rule in favour of former President Jacob Zuma and arms company Thint, formerly Thales, on corruption charges in March 2008.

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This controversial background has raised significant concerns about his suitability for the JSC role.

Afriforum is seeking direct access to the apex court to challenge Hlophe’s appointment. The lobby group wants the court to declare the appointment unlawful and inconsistent with the National Assembly’s constitutional duties.

Afriforum relies on Section 165(3)(4) of the Constitution, which prescribes that no person or organ of state may interfere with the functioning of the courts.

Furthermore, it mandates that organs of state must assist and protect the courts to ensure their independence, impartiality, dignity, accessibility, and effectiveness.

Afriforum argues that Hlophe’s designation is inconsistent with the Constitution, irrational, and unlawful, and must therefore be declared invalid and set aside.

The organization’s legal challenge underscores the ongoing debate about judicial independence and the integrity of judicial appointments in South Africa.