National Assembly elects impeached John Hlophe to serve at JSC

John Hlophe, the uMkhonto weSizwe (MK) Party leader in Parliament, has been elected to serve at the Judicial Service Commission (JSC) by the National Assembly, the same body that recommended his impeachment as judge.

Hlophe, who was sworn in as an member of Parliament (MP) last month, is joined by commissioners Soviet Lekganyane and Fasiha Hassan of the ANC, Glynnis Breytenbach from the Democratic Alliance, Julius Malema from the Economic Freedom Fighters and Athol Trollip from Action SA as the National Assembly’s representatives at the JSC, a body tasked with interviewing judges and regulating their conduct.

Misgivings about John Hlophe being on JSC

The proposition to send Hlophe to the JSC was heavily criticised in recent days, due to the fact that the commission was instrumental in getting him removed as a judge.

“It is totally illogical and irrational for someone who has been found guilty of gross misconduct by the JSC and impeached by Parliament to be appointed as a member of the JSC,” Council for the Advancement of the South African Constitution’s Lawson Naidoo said.

Hlophe was the judge president of the Western Cape until he was formally removed by President Cyril Ramaphosa in March after MPs of the sixth Parliament voted for his impeachment.

This means he will now police judges after he was told by the same body that he is not fit to be on the bench.

Former judge’s road to impeachment

In 2008, Hlophe was accused by Constitutional Court (ConCourt) justices Chris Jafta and Bess Nkabinde of trying to influence them over a case involving former president Jacob Zuma, which was before the ConCourt for consideration.

Eleven ConCourt justices lodged a complaint after Jafta and Nkabinda complained that Hlophe “had visited them separately in their chambers to discuss pending judgments” involving corruption cases against Zuma, reported TimesLIVE.

They complained that Hlophe had improperly attempted to influence the outcome of the matter in favour of Zuma.

Fast forward to April 2021, when “a tribunal inquiry found Hlophe guilty of gross misconduct, a decision upheld by the Judicial Service Commission [without the parliamentarians] in August 2021”, reports Judges Matter.

HLOPHE GETS IMPEACHED

And then in February this year, Hlophe was impeached by MPs in the National Assembly, becoming the first judge in democratic South Africa to be removed from office.

He was removed after MPs voted for his impeachment, emanating from the finding of guilty over gross judicial misconduct by the JSC in 2021. MPs voted 305 in favour versus 27 against.

RAMAPHOSA REMOVES ‘JUDGE’

The final nail was hammered in March when Ramaphosa formally stripped Hlophe of his robes.

“President Cyril Ramaphosa has in accordance with section 177 (1) and (2) of the Constitution of the Republic of South Africa which states that ‘A judge may be removed from office only if— (a) the Judicial Service Commission finds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct; and (b) the National Assembly calls for that judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members. (2) The President must remove a judge from office upon adoption of a resolution calling for that judge to be removed’.

“The President accordingly removed Judge President Mandlakayise Hlophe of the Western Cape Division of the High Court from judicial office following the National Assembly resolution to remove Judge John Hlophe, as stipulated in section 177 (1) (b) of the Constitution,” the Presidency said in a statement.

His removal meant he lost the title of “judge” and a guaranteed salary for life.

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