Hlophe JSC Saga: Constitution Amendment Looms After Court Ruling
Colaboradores
Cape Town – Following a pivotal High Court ruling that bars impeached judge John Hlophe from serving on the Judicial Service Commission (JSC), Parliament is poised to initiate amendments to the Constitution. The ruling has ignited a debate on the eligibility of individuals impeached for gross misconduct to hold public office.
Constitutional Review Underway
The Constitutional Review Committee is already considering submissions, notably from the Council for the Advancement of the South African Constitution (CASAC). CASAC advocates for amendments to sections 177 and 194 of the Constitution. Their proposal aims to explicitly prevent individuals removed from judicial office or Chapter 9 institutions from holding any other public office.
DA's Legislative Push
The Democratic Alliance (DA) has also indicated that a bill addressing this matter is in progress. Glynnis Breytenbach, the DA’s justice spokesperson, emphasised the necessity of strengthening the law to prevent impeached individuals from resurfacing in other governmental roles. Breytenbach stated, “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.”
MK Party's Response and Appeal
The seat on the JSC, now vacant due to the ruling, belongs to the MK Party, which intends to appeal the decision preventing their parliamentary leader, John Hlophe, from serving. The National Assembly speaker has yet to announce the subsequent steps in filling the JSC vacancy.
- CASAC's submission to the Constitutional Review Committee
- DA's prepared Private Member's Bill
- MK Party's planned appeal
The Western Cape High Court's judgment asserted that the National Assembly acted irrationally and unconstitutionally by endorsing the MK Party's nomination of Hlophe for the JSC.