The Western Cape High Court ruled the appointment of Hlophe to the JSC would inevitably undermine the independence, dignity and effectiveness
Former Western Cape judge president and uMkhonto weSizwe party chief whip John Hlophe. Picture: Gallo Images/Brenton Geach
Following two days of intense arguments earlier this month, the court on Friday handed down its judgment in an application by the Democratic Alliance and NGOs Freedom Under Law and Corruption Watch for his recusal from the JSC. “The judgment constitutes gross judicial overreach and disregards the provisions of the very Constitution it purports to uphold. It purports to interdict Dr Hlophe from participation in the JSC process, but the interdict remedy was not sought or granted against Parliament which voted to appoint him in the first place,” Ndhlela said.Ndhlela said the party will also continue to “agitate and fight for the abolishment of the biased ‘Roman-Dutch Law’, which has no place in an African society.
“This sitting cannot continue without the full complement of JSC members as democratically designated by the National Assembly,” Ndhlela said.
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