The Western Cape High Court has declared Parliament’s decision to appoint impeached judge John Hlophe to the Judicial Service Commission (JSC) unconstitutional, dealing a blow to the MK Party and sparking a heated political response.
In a ruling delivered on Monday, the court found that the National Assembly failed to properly exercise its discretion in selecting Hlophe, thereby undermining judicial integrity. Hlophe, who was impeached as a judge last year but later appointed as the MK Party’s deputy president, had been nominated to the JSC before resigning from the position.
The court’s decision has drawn sharp criticism from the MK Party, whose spokesperson, Nhlamulo Ndhlela, condemned the ruling as “a travesty of justice.”
“The decision to elect Dr. Hlophe was made by duly elected representatives in the National Assembly, acting within their constitutional powers,” Ndhlela said. “For unelected judges—who are interpreters, not makers, of the law—to overturn this is an affront to democracy. This ruling allows a racist minority to subvert the will of the people.”
The judgment reinforces concerns over the suitability of impeached judicial figures holding key legal oversight roles. Legal experts argue that the court’s intervention was necessary to uphold judicial standards, while the MK Party insists it reflects bias against its leadership.
The ruling could set a precedent for future parliamentary appointments to the JSC, ensuring stricter scrutiny of candidates’ fitness for office. As tensions escalate, the case may test the boundaries between judicial oversight and legislative authority in South Africa’s democracy.
