Hlophe JSC Ban: Parliament Gears Up for Constitution Amendment
Colaboradores
Cape Town – Following a significant High Court ruling last week, Parliament is poised to initiate amendments to the Constitution. This move follows the court's decision to bar John Hlophe, a judge impeached for gross misconduct, from serving on the Judicial Service Commission (JSC).
The ruling has ignited a debate around the eligibility of impeached officials holding public office. The Council for the Advancement of the South African Constitution (CASAC) previously submitted recommendations to the Constitutional Review Committee. The Democratic Alliance (DA) has also stated that a bill addressing this issue is already underway.
Glynnis Breytenbach, the DA’s justice spokesperson, emphasized the importance of reinforcing the legal framework to prevent individuals impeached for misconduct from resurfacing in other government roles. "It's crucial to tighten the law to prevent impeached individuals from making a return in other spheres of government," she stated.
The National Assembly speaker is expected to announce the procedure for filling the JSC vacancy shortly. The seat is currently allocated to the MK party, which intends to appeal the ruling that prevents its parliamentary leader, John Hlophe, from taking up the position.
CASAC advocates for amendments to sections 177 and 194 of the Constitution. These amendments would explicitly state that individuals removed from judicial office or a Chapter 9 institution are ineligible to hold any other public office.
Breytenbach, who also co-chairs the committee, noted that a Private Member's Bill has been drafted and is currently with Parliament's legal drafters. She further added, "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 Western Cape High Court's judgment asserted that the National Assembly acted irrationally and unconstitutionally when it approved the MK Party's nomination for the JSC. This decision underscores the need for greater scrutiny and adherence to constitutional principles in the appointment of public officials.