Lobby group AfriForum has filed papers before the Constitutional Court against the designation of impeached Western Cape Judge President John Hlophe to serve on the Judicial Services Commission (JSC).
Hlophe was elected to serve on the JSC for the uMkhonto weSizwe Party earlier this month, despite his impeachment as a Judge earlier this year.
The JSC itself had found Hlophe attempted to influence Constitutional Court Judges Chris Jafta and Bess Nkabinde to rule in favour of former President Jacob Zuma and arms company Thint, formerly Thales, on corruption charges in March 2008.
AfriForum is seeking direct access to the apex court over Hlophe’s appointment to the Judicial Service Commission.
AfriForum wants the court to declare the appointment unlawful and inconsistent with the National Assembly’s Constitutional duties.
Among others, AfriForum relies on Section 165(3)(4) of the Constitution which prescribes that no person or organ of state may interfere with the functioning of the courts and that organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts.
It argues that Hlophe’s designation is therefore inconsistent with the Constitution, irrational, unlawful and must be declared invalid and set aside.
Source: eNCA
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