uMkhonto Wesizwe Party has withdrawn the nomination of its Deputy President Dr John Hlophe as its representative on the Judicial Services Commission.
Hlophe’s withdrawal follows failure by MKP to overturn a court decision instigated by the DA effectively barring him from serving in the JSE or have the body postpone interviews of candidates for various judicial positions which started on Monday In Johannesburg.
Hlophe and MKP had requested the body to halt the interviews in order to allow him time to deal with the legal challenge by the DA but the request was rejected with the JSC deciding through a vote.
MKP said it withdrew Hlophe’s nomination to avoid lending credibility to an otherwise “unlawful” process.
“The MK Party will not allow the name of Dr. John Hlophe (MP) to be associated with or used to legitimise a patently misleading, fraudulent, and improperly constituted Judicial Service Commission. The MK Party maintains that the composition of the JSC,” said MKP in a statement released by national spokesperson Nhlamulo Ndlela on Monday.
The law dictates that the parliamentary component of the JSC includes three members of the opposition and MK believes the current composition falls short of that requirement.
“The MK Party maintains that the composition of the JSC, without Dr. Hlophe’s participation as a representative from the leading opposition party is in violation of Section 178(1)(h) of the Constitution. This JSC has failed to meet the prescribed minimum threshold of three members from the opposition parties,” said Ndlhela.
Meanwhile the DA has claimed victory following the announcement of Hlophe’s withdrawal.
“This moment marks a significant victory for the DA and for judicial independence, as we have long argued that an impeached judge with a record of gross misconduct should not have a seat on the Judicial Service Commission (JSC),” said DA spokesperson on justice Glynis Brytenbech.
The DA has been pursuing Hlophe for more than a decade and eventually got him impeached with the help of ANC during the sixth administration.
“For years, the DA has led the fight to hold Dr. Hlophe accountable, and his resignation from the JSC reinforces the principle that only individuals of the highest ethical standards should be entrusted with shaping our judiciary. This outcome is not just a triumph for the DA but a win for every South African who believes in an impartial and independent judiciary, free from undue influence and compromised leadership,” she said.
Ironically, Brytenbech serves on the committee despite having been charged with corruption while working for the National Prosecuting Authority and is being touted by major media houses to replace Thembi Simelane as justice minister.
The DA and the said publications are leading calls for President Cyril Ramaphosa to fire Simelane over a half a million rand loan she obtained from a company that advised the Polokwane Municipality in Limpopo which she was a mayor of to deposit money in the now defunct VBS Mutual Bank.
Parliament confirmed Hlophe’s withdrawal in a statement also indicating it was with immediate effect.