The decision was in protest at the legitimacy of process, the party said as the Judicial Service Commission proceeded with interviews in Hlophe’s absence
John Hlophe on Monday resigned as a member of the Judicial Service Commission (JSC), hours after it continued with interviews to fill vacancies at the supreme court of appeal and high courts in his absence.
A spokesman for the uMkhonto weSizwe (MK) party, Nhlamulo Ndhlela, said Hlophe’s decision was taken because he would not “legitimise an illegitimate process”.
This is a reference to the MK party’s argument, recently advanced in the Western Cape high court, that the commission would not be quorate if Hlophe were not allowed to take part in the interviews.
The high court held differently and granted the Democratic Alliance and Corruption Watch an urgent interdict barring him from participating in interviews with candidates for judicial appointment pending the finalisation of the second part of their court challenge to the rationality of his appointment to the commission.
The two parties, as well as Freedom Under Law, have argued before the court that the National Assembly failed in its constitutional duty to act in a manner that protects and furthers the impartiality and the independence of the judiciary by rubber-stamping the MK party’s nomination of an impeached judge for appointment to the commission.
Hlophe headed the Western Cape division of the high court prior to his suspension by President Cyril Ramaphosa in late 2022 — and his eventual impeachment by the National Assembly in February this year.
It did so at the recommendation of the JSC which endorsed a tribunal finding of gross misconduct against Hlophe for seeking to sway two constitutional court justices to find in favour of former president Jacob Zuma in matters relating to the arms deal corruption case.
Hlophe joined the MK party as its parliamentary leader after the May elections.
The party last week sent a letter of demand to Chief Justice Mandisa Maya, threatening legal action unless the JSC postponed this week’s interviews.
The JSC decided, by a vote of 20 to one, to proceed with the interviews.
The MK party proceeded to court but the Johannesburg high court dismissed its urgent application at the weekend.
The JSC learnt of Hlophe’s resignation ‘through you, the media’