AfriForum set to challenge Hlophe’s JSC appointment at ConCourty

Lobby group AfriForum has petitioned the Constitutional Court to remove former Western Cape High Court Judge John Hlophe from the Judicial Service Commission (JSC).

Earlier this year, Hlophe became one of the first judges in post-democratic South Africa to be impeached. This follows a Judicial Conduct Tribunal’s finding that he was guilty of gross misconduct for attempting to improperly influence two Constitutional Court Justices in 2008 during a critical appeal involving former President Jacob Zuma and his arms deal prosecution.

Despite this, Hlophe has been appointed as the MK Party’s Parliamentary leader and has been deployed to serve on the JSC, which is responsible for recommending new judges for appointment to the bench.

AfriForum argued in its court papers that it would be “inappropriate for aspiring judges to be assessed on their ethics, integrity, and fitness for judicial office by [John] Hlophe,” given the findings against him. The group stated that his involvement would “undermine the credibility of the JSC and the integrity of the judiciary.”

Furthermore, AfriForum highlighted the potential conflict of interest, noting that judges appearing before Hlophe could later be involved in reviews and appeals related to Jacob Zuma’s criminal case. They also mentioned Hlophe’s known animosity towards the current acting Judge President Patricia Goliath, which has been the subject of litigation, as a reason he should not be involved in selecting the next Judge President of the Western Cape.

AfriForum is seeking a declaration that Hlophe’s designation is invalid and should be set aside. They also want the court to order the National Assembly to “provide mechanisms, including making rules,” for oversight of the JSC “without delay.”

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