John Hlophe JSC Ban: Constitution Amendment Looms After Court Ruling
Colaboradores
CAPE TOWN - The saga surrounding John Hlophe's appointment to the Judicial Service Commission (JSC) continues to unfold, with Parliament now poised to address a critical gap in the Constitution. This follows a recent Western Cape High Court ruling that effectively bars Hlophe, impeached for gross misconduct, from serving on the JSC.
Constitutional Amendment on the Horizon
The ruling has spurred calls for constitutional amendments to prevent individuals impeached for serious misconduct from holding other public offices. Both the Council for the Advancement of the South African Constitution (CASAC) and the Democratic Alliance (DA) have advocated for such changes.
CASAC has formally requested the Constitutional Review Committee to consider amending sections 177 and 194 of the Constitution. Their proposal seeks to explicitly prohibit individuals removed from judicial office or a Chapter 9 institution from holding any other public office.
The DA's Glynnis Breytenbach emphasized the urgency of tightening the law. She revealed that the DA has already drafted a Private Member's Bill to this effect, currently with Parliament's legal drafters.
Preventing the Return of 'Bad Eggs'
Breytenbach stated, "I think it’s very important that Parliament is populated with MPs who are ethical, honest, reliable and have integrity, so the sooner we can prevent bad eggs like John Hlophe and Busisiwe Mkhwebane coming to Parliament, the better."
The High Court's judgment criticized the National Assembly for its endorsement of the MK Party's nomination of Hlophe to the JSC, deeming it irrational and unconstitutional. The MK Party, however, intends to appeal the ruling, further prolonging the legal battle.
The National Assembly speaker is expected to announce the next steps in filling the JSC vacancy. The seat is currently allocated to the MK Party.
This situation highlights the critical need for clarity within the Constitution regarding the eligibility of impeached individuals for public office. The upcoming constitutional amendments are expected to bring much-needed clarity and prevent similar situations in the future.