ActionSA to refer Hlophe JSC court ruling to Parliament for review
Action SA says it will approach the Parliament to inquire about the Western Cape High Court's decision to ban uMkhonto weSizwe Party leader in Parliament John Hlophe from taking part in the upcoming Judicial Service Commission interviews.
The court handed down the judgement on Friday, following an application by the Democratic Alliance (DA) calling for his recusal from the JSC.
READ MORE: John Hlophe temporarily barred from JSC interviews
ActionSA Parliamentary Chief Whip Lerato Ngobeni says the party wants clarity from the Parliament's Constitutional Review Committee.
"Because John Hlophe is a duly elected Member of Parliament, a position that meets all constitutional requirements as per Section 47 of the Constitution of the Republic of South Africa, ActionSA believes that the argument questioning his fitness to serve on the Judicial Service Commission (JSC) presents a unique challenge and constitutional blind spot.
"This contention reveals a potential contradiction in the eligibility criteria for public office. On one hand, his election to Parliament signifies a recognition of his competence and ability to represent South Africans, while on the other hand, the claim that he is unfit for the JSC—a deployment by the very house to which he was duly elected—raises questions about whether the standards for these two roles are misaligned, as we believe the judgment suggests," says Ngobeni.
Ngobeni adds that if Hlope is deemed fit to serve as the leader of the official opposition, in the same legislative body responsible for shaping the country’s laws, it raises the question of why the prevailing standards would not apply to the JSC.
"This inconsistency underscores the need for a more consistent and transparent application of eligibility criteria to safeguard the integrity of both Parliament and the JSC in the future.
"ActionSA will therefore refer this matter to the Constitutional Review Committee to initiate a review process of applicable legislation, rules, and frameworks to seek to clarify this contradiction and ensure that eligibility standards for public office are consistent, transparent, and uphold the integrity of both Parliament and the Judicial Service Commission in this particular case," she said.
Hlophe was sworn in as a member of Parliament in June and then designated by the National Assembly as one of the six members to sit on the JSC.
But the DA and other civil society organisations were against this, resulting in the court challenge.
