The Western Cape High Court has granted an interim interdict preventing former Judge President John Hlophe from participating in the Judicial Service Commission (JSC), marking another chapter in a saga that has spanned nearly two decades.
Here is a link to the full ruling: https://www.saflii.org/za/cases/ZAWCHC/2024/282.pdf
Background Hlophe was impeached in February 2024 for gross misconduct, stemming from a 2008 incident where he allegedly attempted to influence Constitutional Court justices in a case involving Jacob Zuma.
Lengthy process The impeachment took 16 years, highlighting challenges in South Africa's judicial accountability mechanisms.
Post-impeachment Despite his removal, Hlophe was designated by the National Assembly to serve on the JSC as an MP for the Umkhonto Wesizwe party.
Legal challenge
The Democratic Alliance, Corruption Watch, and Freedom Under Law brought urgent applications opposing this appointment.
Court ruling
The High Court found that the applicants had established a prima facie right and that Hlophe's presence on the JSC would likely undermine judicial independence and public confidence.
Interim measure
The interdict will remain in place pending a full review of the National Assembly's decision.
This case underscores ongoing tensions between political interests and judicial integrity in South Africa. It raises critical questions about the rehabilitation of impeached judges and the safeguarding of constitutional values.
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