John Hlophe: Court Ruling Sparks Constitution Amendment Debate in SA
CAPE TOWN - The recent High Court ruling barring impeached judge John Hlophe from serving on the Judicial Service Commission (JSC) has ignited a crucial debate regarding the amendment of South Africa's Constitution. Parliament is now gearing up to address this matter during the current administration.
Constitutional Review Underway
The ruling, stemming from Hlophe's impeachment for gross misconduct, has raised concerns about the potential for individuals removed from judicial office to resurface in other governmental roles. The Council for the Advancement of the South African Constitution (CASAC) had previously submitted proposals to the Constitutional Review Committee.
DA's Bill in the Pipeline
The Democratic Alliance (DA) has revealed that a bill aimed at tightening the law is already being drafted. Glynnis Breytenbach, the DA's justice spokesperson, emphasized the urgency of preventing impeached individuals from returning to positions of power.
National Assembly's Next Steps
The National Assembly speaker is expected to announce the procedure for filling the JSC vacancy soon. This seat is designated for the MK party, which intends to appeal the ruling preventing Hlophe's appointment.
CASAC's Proposed Amendments
CASAC is advocating for amendments to sections 177 and 194 of the Constitution, explicitly prohibiting individuals removed from judicial office or Chapter 9 institutions from holding any other public office.
Preventing 'Bad Eggs'
Breytenbach, a co-chair of the committee, highlighted the importance of ethical and honest Members of Parliament. She emphasized the need to prevent individuals like John Hlophe and Busisiwe Mkhwebane from entering Parliament.
The Western Cape High Court ruled that the National Assembly had acted irrationally and unconstitutionally by approving the MK Party's nomination of Hlophe for the JSC.
- Parliament considering constitutional amendments.
- DA preparing a bill to tighten the law.
- MK Party plans to appeal the ruling.