Judgment has been reserved in Dr John Hlophe’s application for leave to appeal the Western Cape High Court judgment to interdict him from serving on the Judicial Service Commission (JSC).
In September, the court ruled in favour of the Democratic Alliance (DA)’s urgent application, to temporarily interdict him, from participating in any activities of the Judicial Service Commission.
Hlophe subsequently resigned from the commission, just ahead of JSC interviews.
The application for leave to appeal was brought by Hlophe and the uMkhonto weSizwe Party (MK).
The legal representative for Hlophe, advocate Menzi Simelane, argued that the appeal should be granted because the court had overstepped its bounds.
“What is at stake is in essence more than anything, court encroached on separation of powers, not only undermined the Constitution, but [it] interfered [in] what is in purview of another branch of government.”
The argument from the DA that the application for leave to appeal is moot, was disputed by Simelane.
“Entitled to withdraw resignation if what interdicted him, is done away with. So, this court shouldn’t find resignation, permanent and not reversable.”
Appearing for Corruption Watch, Advocate Geoff Budlender SC, argues that the application had no basis.
“What they say is, it’s not moot because he might be designated again. That is no grounds for litigation and we say, no basis for granting leave to appeal. Court can’t and won’t grant leave to appeal on basis that in [the] interest of justice on speculative argument, that Dr Hlophe may again be designated by the NA [National Assembly],” explains Budlender SC.
Remarks that were made by MK Party members and its Parliamentary leader, Dr Hlophe, featured strongly during the hearing.
This, as the organisation, Freedom Under Law, brought an affidavit questioning the public utterances made by Hlophe and MK about the court.
Hlophe said that the judiciary is captured, hence he was not surprised that the temporary interdict was granted.
Judge Selby Baqwa commented about the remarks.
“It is about integrity of this court, [I] can’t let it fly. Good of you to comment on it … was going to ask you what MK says about judgment of this court. The words used, that are almost contemptuous of the court.”
Dr. John Hlophe’s withdrawal from JSC: Prof Dirk Kotzé weighs in
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