The Speaker of the National Assembly, Thoko Didiza, has defended parliament’s decision to designate uMkhonto weSizwe Party parliamentary leader, Dr John Hlophe to the Judicial Service Commission (JSC).
This emerged in an affidavit she filed at the Western Cape High Court in response to a legal challenge by the Democratic Alliance and some civic organizations, opposed to Hlophe’s designation to the JSC.
The applicants are arguing that Hlophe is not suitable to represent parliament at the JSC, as he was previously removed from office as a judge following a finding of gross misconduct.
In her affidavit, the speaker emphasized her neutral stance in the matter, and confirmed that she would abide by the court’s decision.
“The review applications do not challenge a decision taken by the Speaker.
The Speaker’s role is limited to ensuring that the procedures followed in Parliament are in line with the Constitution and parliamentary rules.
The designation of members to the JSC is primarily a political decision made by Parliament and reflects the majority view expressed during the vote,” said parliament spokesperson, Moloto Mothapo.
The speaker also highlighted that neither the constitution nor the rules of parliament automatically disqualify Hlophe from being designated to the JSC based on his past removal as a judge.
“The Speaker has reiterated that all actions taken in Parliament, including the designation of Dr Hlophe, were conducted in accordance with the established rules and procedures. She further noted that there is no rule or constitutional provision explicitly barring a member of Parliament, including Dr Hlophe, from being nominated to serve on the JSC.
Given the complexity and the potential implications for parliamentary processes and the judiciary, the Speaker expressed confidence that the Court’s judgment will provide clarity on this unprecedented set of facts,” explained Mothapo.
