MK Party’s Dr John Hlophe nominated to serve in JSC which found him guilty of gross misconduct

John Mandlakayise Hlophe, nominated to serve in the Judicial Service Commision (JSC). File Picture: Adrian de Kock/ Independent Newspapers

John Mandlakayise Hlophe, nominated to serve in the Judicial Service Commision (JSC). File Picture: Adrian de Kock/ Independent Newspapers

Published Jul 4, 2024

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The Umkhonto weSizwe Party’s (MKP) caucus leader in Parliament, Dr John Hlophe, has been nominated to serve on the Judicial Service Commission (JSC).

Hlophe who was impeached four months ago has been nominated to service in the body which effectively laid the groundwork for his impeachment. It was the JSC that found him guilty of gross misconduct in August 2021 and recommended impeachment.

In an interview with SABC, Hlophe indicated that if he was nominated to serve in the JSC he would serve because the party believes in him and if the the party wants to deploy him he sees no reason for refusing.

“We haven’t met and it would be premature of me to make that suggestion. I have the expertise, I have been a judge in this country for 29 years so I know the system in and out, but if there are people who are suitably qualified or who are willing to go, they will be deployed,” he said.

In addition, he said he was considering serving on other committees, such as the justice portfolio committee and others within the justice and security cluster.

Among being nominated for the JSC, five other MPs were nominated; Soviet Lekganyane of the ANC, Fasiha Hassan of the ANC, Glynnis Breytenbach of the DA, Julius Malema of the EFF and Athol Trollip of ActionSA.

In a statement released to the media, Judges Matter called on parliament to select those members who will strengthen and protect the Judiciary, to ensure an independent judiciary that upholds the rule of law and delivers justice for all South Africans.

“Section 165(4) of the Constitution requires all organs of state — including Parliament — to take all measures to protect the courts and ensure their independence, impartiality, dignity, accessibility and effectiveness.

“Both the JSC and the Magistrates Commission are fundamental to the operations of the judiciary,’’ said Judges Matter.

Moreover, Judges Matter noted that they appoint judges, ensure they adhere to rigorous ethical standards and offer guidance to enhance the public’s access to legal services.

“Members of Parliament play a crucial role in both commissions by ensuring that — as public representatives — the concerns of ordinary South Africans are taken up within the judiciary.

“While MPs are not required to be legally trained, they are required to display the highest ethical standards and take their roles seriously, as they will sit in judgment of the ethics of lawyers aspiring to be judicial officers.

“This is an essential element of South Africa’s constitutional democracy, and the public should rightly expect parliament to take this duty seriously.’’ said Judges Matter.

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