Freedom Under Law (FUL) has welcomed the decision by the Constitutional Court to dismiss the MKP’s leader in Parliament and impeached Judge John Hlophe’s appeal of the Western Cape High Court’s interdict that prevented him from sitting as a member of the JSC, says a Polity report.

‘FUL was one of the parties which challenged the National Assembly's designation of Dr Hlophe as a member of the JSC. Central to FUL's arguments was the clear view that for someone who had been removed from judicial office for gross misconduct to be a member of the body which is central to the selection of judges is unconstitutional and unlawful,’ said FUL executive officer Judith February.

FUL further argued that the National Assembly was unreasonable and irrational in its decision to designate Hlophe as a JSC member and that it did not fulfil its constitutional obligation to protect the courts.

February said the ConCourt’s ruling – which came with costs against Hlophe – was important to prevent future ‘dilatory’ court proceedings.

‘This is an important measure to protect the court process from being stymied by unnecessary appeals as has so often been witnessed in SA courts in the past decade. FUL stands by its arguments as to why Dr Hlophe should not be designated as a member of the JSC, and awaits the final judgment of the Western Cape High Court which is currently pending,’ said February.

Full Polity report