Corruption Watch (CW) welcomes the judgment handed down yesterday, 2 June 2025, by the Western Cape High Court on the unconstitutionality of the designation of its impeached former judge president Dr Mandlakayise John Hlophe to the Judicial Services Commission (JSC). The matter relates to the National Assembly’s (NA) decision on 9 July 2024 to designate Hlophe, now a member of Parliament for the Mkhonto weSizwe Party (MKP), as one of its recommended representatives to the JSC.
All three related applications, brought by CW, the Democratic Alliance, and Freedom Under Law, opposed Hlophe’s inclusion in the JSC. The court handed down one judgment for the three cases.
“Parliament, as a bastion of the principles of our Constitution, must protect it at all costs and act responsibly in the execution of its duties, which are fundamentally in the interest of every South African,” said the organisation. “Equally, our judiciary is deserving of leaders who espouse these principles. The importance of an independent judiciary that is beyond reproach cannot be overstated.”
The court declared that the NA’s decision to appoint Hlophe is inconsistent with section 165(4) of the Constitution, in that it ignored and undermined the constitutional duty placed on it to protect the integrity and legitimacy of the courts. This inconsistency, in and of itself, renders the decision unlawful. The judgment also highlighted that the NA committed a material error of law by failing to properly exercise its discretion under section 178(1)(h) of the Constitution when it designated Hlophe to serve on the JSC, mistakenly believing that his position as an MP and nomination by the MKP compelled his appointment.
The circumstances around Hlophe’s impeachment and his subsequent conduct, which includes continuing criticism of the judiciary, satisfied the court that he is not a fit and proper candidate to serve on the JSC. CW raised this point in its submission, given the vital role played by the JSC in the appointment of judges and in upholding the integrity of the judiciary. The court emphasised that Hlophe’s participation in that process risks eroding public confidence in the judiciary, undermining its legitimacy and effectiveness.
“Through the impeachment of Dr Hlophe, the NA has effectively already determined that his continued involvement in judicial affairs would diminish public trust,” the court noted.
For media enquiries contact:
Oteng Makgotlwe
Cell: 076 473 8336 E-mail: OtengM@corruptionwatch.org.za
