ActionSA finds it inconsistent that Hlophe is fit for Parliament, but barred from serving on the JSC. File Picture: Armand Hough / Independent Newspapers
ActionSA has announced its decision to refer the matter of John Hlophe’s eligibility for the Judicial Service Commission (JSC) to Parliament’s Constitutional Review Committee, following an interdict preventing his appointment to the JSC.
IOL on Friday reported that legal action had been initiated by multiple organisations, including the Democratic Alliance (DA), Corruption Watch, Freedom Under Law, and AfriForum, who had expressed concerns about the legitimacy of Hlophe’s appointment.
Hlophe was nominated to serve on the JSC in July, however, the JSC had previously found him guilty of gross misconduct and he was impeached by Parliament.
His impeachment follows the Judicial Conduct Tribunal’s finding Hlophe guilty of trying to influence the outcome of former president Jacob Zuma’s corruption charges in 2008.
This move highlights what ActionSA perceives as a critical need for constitutional reforms to address contradictions in eligibility criteria for public office, what it called a clear "constitutional blind spot“.
Lerato Ngobeni, ActionSA’s Parliamentary Chief Whip said: "The fact that John Hlophe is a duly elected Member of Parliament under Section 47 of the Constitution, yet his fitness to serve on the JSC is called into question, presents a constitutional dilemma that must be addressed."
Ngobeni said the party maintains that Hlophe's election to Parliament signifies recognition of his competence and suitability to represent the people of South Africa.
Yet, the legal argument against his fitness to serve on the JSC, raises important questions about the alignment of standards for different public offices.
Ngobeni further emphasised, "If Hlophe is deemed fit to serve as the leader of the official opposition in parliament, the same standards should apply for his eligibility to sit on the JSC and other parliamentary committees.
‘’The contradiction between these standards exposes the urgent need for a consistent, transparent framework."
To address this inconsistency, Ngobeni noted that ActionSA plans to initiate a review process within the Constitutional Review Committee.
The party aims to clarify the relevant legislation, rules, and frameworks, ensuring that eligibility standards for public office are aligned across all bodies.
This, they argue, will safeguard the integrity of both Parliament and the JSC in future appointments.
"As we move forward, it is imperative that we ensure the integrity of Parliament and the JSC is not compromised by contradictory standards," Ngobeni said.
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