John Hlophe, a member of Parliament for the UMkhonto weSizwe (MK) Party, has officially resigned from his role in the Judicial Service Commission (JSC).
This move follows a series of legal challenges and court rulings that ultimately barred him from participating in JSC activities.
Legal Challenges from the Democratic Alliance
Hlophe’s resignation comes on the heels of a Western Cape High Court ruling, which prohibited him from taking part in any JSC proceedings.
The ruling was the result of a legal challenge brought forward by the Democratic Alliance (DA), who objected to Hlophe’s involvement in the commission due to his previous impeachment.
Adding to the party’s challenges, the Gauteng High Court in Johannesburg rejected the MK Party’s attempt to halt the current JSC proceedings, which they argued were unconstitutional, pending a decision from the Western Cape court.
MK Party Responds to Resignation
Following this legal defeat, the MK Party announced Hlophe’s resignation from the JSC.
According to a statement from party spokesperson Nhlamulo Ndhlela, the MK Party has formally notified the Speaker of the National Assembly, Thoko Didiza, of their decision to withdraw Hlophe’s nomination.
Ndhlela emphasized that the party will not allow Hlophe’s name to be associated with what they consider a “fraudulent” and “improperly constituted” JSC.
Concerns Over the JSC’s Composition
The MK Party further argued that the current composition of the JSC is unconstitutional without Hlophe’s representation as one of the opposition party members.
Ndhlela pointed out that the JSC failed to meet the constitutional requirement of having at least three members from opposition parties, calling the body’s legitimacy into question.
Democratic Alliance Celebrates Legal Victory
On the other side, the DA is celebrating this development as a win for judicial independence and ethical governance.
Glynnis Breytenbach, the DA’s spokesperson on justice and constitutional development, highlighted that Hlophe’s resignation is a critical victory in the fight to ensure that only individuals with the highest ethical standards have influence over South Africa’s judiciary.
According to Breytenbach, the DA has long held the position that Hlophe, who was impeached for gross misconduct, should not be allowed to serve on the JSC.
She added that this outcome is not just a triumph for the DA but for all South Africans who value an independent and impartial judicial system.
What Comes Next?
With John Hlophe’s resignation now official, attention turns to the JSC’s next steps.
The MK Party is expected to continue its push for changes in the commission’s composition, while the DA will likely build on its recent victory to further advocate for judicial reforms.
Meanwhile, the broader discussion around judicial ethics and the constitutionality of the JSC’s operations is set to remain a hot topic in South African politics.
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