Latest news with #JohnHlophe
The Citizen
10-06-2025
- Politics
- The Citizen
uMkhonto weSizwe party's politics of convenience
It is ironic that the MK party has put itself forward as an organisation that fights for issues on principle when its own internal operations are not. When the Western Cape High Court in Cape Town ruled that it makes no sense for an impeached judge to sit on a body that selects judges, it struck a blow for the good guy in South Africa. For far too long a situation has been allowed to develop where the three arms of state, the judiciary, the executive and the legislature, are constantly being put at odds with each other, not for the positive development of the country, but for selfish short-term interests of corrupt individuals and their political parties. But this time, the judiciary said no, common sense must prevail. John Hlophe, who was impeached as a judge, cannot take part in the process of selecting judges. Former president Jacob Zuma's party uMkhonto weSizwe (MK) party has vowed to appeal the judgment on principle and not simply to have Hlophe reinstated to the Judicial Service Commission. It is not because it benefits the country that they want this to happen, but simply that it benefits the MK to have a decision of the legislature overturned by the courts. This way, the MK, although just the thirdbiggest party in parliament, can get to 'govern through the courts', something parties of the left have always accused opposition parties to the right of the political divide, like the DA, of doing. It is ironic that the MK has put itself forward as a party that fights for issues on principle when its own internal operations are nowhere close to being based on a set of established principles that can be identified by all and sundry, especially its own members. Its recently fired secretary-general (SG), Floyd Shivambu, found out in the most painful way that where there are no defined principles, anybody can be a victim. He was fired as SG for what he thought was acceptable within the party: identifying with a disgraced fugitive. He saw nothing wrong with that but was fired for it. ALSO READ: Court finds impeached judge John Hlophe unfit to serve on JSC Truth be told though it was not for meeting pastor Shepherd Bushiri that he was fired. The MK has shown a lot of brazenness when it comes to dealing with corruption-tainted prominent individuals that it has become their political home. In the bigger scheme of things, by their own standards, a meeting with Bushiri wouldn't move their moral needle. It was simply that Shivambu had served his purpose in the party. He was parachuted in to demonstrate that the party was not a Zuma one-man-show, an ethnically defined entity based in one province, but that it had appeal to all South Africans. Sadly, the learned Shivambu fell for the ruse and centred himself in a party where he was always an unwanted outsider from day one. Shivambu probably believed that he could mould the MK into the revolutionary force that he always publicly pronounced it to be but, from the beginning, he had to contend with defending unprincipled decisions, such as wanting parliament to accept that an impeached judge was a fit and proper person. In other words, honesty and good moral judgment could be sacrificed at the convenience of the party. That judgment by the court goes to the heart of what is wrong with this country and its politics: an organisation that does not embrace democracy in its own internal operations wants to control the outcomes of a democratically elected legislature and have them overturned. The lesson for Shivambu and the MK is that good, morally-based judgments might appear expendable in achieving short-term goals, but history leans towards what is right for society. NOW READ: MK party removes Floyd Shivambu as SG
Eyewitness News
09-06-2025
- Politics
- Eyewitness News
Parliament to get to work on amending Constitution following high court order barring John Hlophe from serving on JSC
CAPE TOWN - Following last week's high court ruling that a judge impeached for gross misconduct can't serve on the Judicial Service Commission, Parliament is set to get to work on amending the Constitution during this administration. Besides a submission made to the Constitutional Review Committee by the Council for the Advancement of the South African Constitution (CASAC), the DA says a bill to this effect is already in the pipeline. ALSO READ: The party's justice spokesperson, Glynnis Breytenbach, said it's important to tighten the law to prevent impeached individuals from making a return in other spheres of government. The National Assembly speaker is yet to announce the next steps in filling the vacancy on the judicial service commission. The seat belongs to the MK party, which plans to appeal a ruling preventing its parliamentary leader, John Hlophe from serving on the body. CASAC wants Parliament's Constitutional Review Committee to consider amending sections 177 and 194 to specify that any person removed from judicial office or a Chapter 9 institution may not hold any other public office. Breytenbach, co-chair of the committee, said a Private Member's Bill has already been prepared and is with Parliament's legal drafters. "I think it's very important that Parliament is populated with MPs who are ethical, honest, reliable and have integrity, so the sooner we can prevent bad eggs like John Hlophe and Busisiwe Mkhwebane coming to Parliament, the better." The Western Cape High Court said in a judgment last week that the National Assembly had not acted rationally nor constitutionally when it rubberstamped the MK Party's nomination for the JSC.
Daily Maverick
06-06-2025
- Politics
- Daily Maverick
Parliament to abide by high court order preventing Hlophe from sitting on JSC
The court found that Parliament had violated the Constitution by designating Hlophe — an impeached judge who had fallen foul of his oath of office — to serve on the JSC. Parliament will abide by a high court order setting aside its decision to designate impeached former Western Cape Judge President John Hlophe as a member of the Judicial Service Commission (JSC). Parliamentary spokesperson Moloto Mothapo said the Western Cape Division of the High Court had ruled on Monday that the decision by Parliament had been 'unconstitutional, invalid and was therefore reviewed and set aside'. The party to which Hlophe belongs, former president Jacob Zuma's uMkhonto Wesizwe (MK), was also in the spotlight this week when it announced that its secretary-general, Floyd Shivambu, had been demoted and would be sent back to Parliament as an ordinary MP. Musical chairs There he will sit in the opposition benches alongside Hlophe, who is the party's deputy president. In the same opposition catchment in the National Assembly will be EFF leader Julius Malema, Shivambu's former comrade whom he betrayed to join MK. Hlophe has announced that he will appeal against the order. MK spokesperson Nhlamulo Ndhlela said the party was 'determined to expose the fundamental injustices embedded in the current Constitution and will therefore appeal this shocking judgment in an effort to educate the public about the urgent need for parliamentary sovereignty blended with indigenous African law based on ubuntu, collective ownership of economic resources and the will of the people where the law can no longer be manipulated to justify hatred for certain targeted individuals.' Interpretive guidance Court applications were brought by the Democratic Alliance, Freedom Under Law and Corruption Watch after the National Assembly on 9 July 2024 designated Hlophe to serve as one of its representatives on the JSC in terms of section 178 of the Constitution. This week, Parliament noted 'the interpretative guidance offered by the court' which offered its concern about 'the rationality of designating a member who was previously found guilty of gross misconduct and removed from judicial office, and who has continued to demonstrate conduct incompatible with Parliament's obligation to protect and ensure the independence and integrity of the judiciary'. Mothapo said as the judgment bore implications for Parliament's internal arrangements, procedures and processes relating to the designation of representatives to the JSC and other constitutional bodies, it would 'take all necessary steps to ensure alignment with the court's findings'. This included instituting 'the appropriate processes to ensure that future designations comply with the constitutional principles outlined in the judgment'. The court ordered Hlophe and MK to pay the costs of the application. Parliament violated Constitution It found that Parliament had violated the Constitution by designating Hlophe — an impeached judge who had fallen foul of his oath of office — to a seat on the JSC. This would have compromised and undermined the integrity and legitimacy of the JSC and any process in which Hlophe might be involved in the appointment of future judges, the full bench set out in a concurring judgment. 'The National Assembly did not consider the relevant fact that Dr Hlophe had been impeached for gross misconduct. Instead, it relied on irrelevant considerations, such as established parliamentary practices and conventions, which cannot override constitutional requirements,' read the order. DM
IOL News
04-06-2025
- General
- IOL News
'We won't be played by judges here': MK Party's Dr John Hlophe vows to challenge unconstitutional JSC appointment ruling
Dr John Hlophe, Deputy President of the uMkhonto weSizwe Party (MKP), has vowed to challenge the Western Cape High Court's ruling that declared his appointment to the Judicial Service Commission (JSC) unconstitutional. Speaking at the MKP press briefing held at the Coastlands Skye Hotel in Durban on Tuesday, Hlophe issued a defiant warning: 'Asizodlala amajaji la – we won't be played by judges here.' The Western Cape High Court found that the National Assembly (NA) failed to properly exercise its discretion in approving Hlophe's appointment, effectively undermining the credibility of the JSC. As previously reported by IOL, the court said Parliament had 'rubber-stamped' the nomination, ignoring the serious implications for the judiciary's constitutional mandate. It ruled that 'the National Assembly may not designate Dr Mandlakayise John Hlophe to serve on the Judicial Services Commission in terms of section 178(1)(h) of the Constitution.' The judgment also ordered Hlophe and the MK Party to pay the applicants' legal costs on a punitive scale.
IOL News
04-06-2025
- General
- IOL News
Hlophe set to challenge court ruling on JSC participation
MK Party Deputy President Dr John Hlophe says he will appeal against the Western Cape High Court ruling that barred him from serving in the Judicial Service Commission. Image: Armand Hough / Independent Newspapers Impeached former Western Cape judge president and MK Party caucus leader in Parliament, Dr John Hlophe, has vowed to appeal the Western Cape High Court ruling which barred him from representing his party in the Judicial Service Commission (JSC). Reacting to the decision during the party's media briefing on Tuesday, Hlophe, in isiZulu, said 'Ngeke sidlale amajaji la sizodlulisa isinqumo (We are going to appeal the decision).' On Monday, the court set aside a decision by the National Assembly (NA) made in July last year to endorse the recommendation of the uMkhonto weSizwe (MK) Party to have him serve as one of its six parliamentarians. The party had nominated Hlophe to serve on the JSC, which empowered him to participate in the appointment of judges. The JSC was due to conduct interviews for the vacant positions of judges, however, the DA, Freedom Under Law, and Corruption Watch filed an urgent interdict to prevent Hlophe from sitting in the interviews. The court granted an interdict. The matter was heard in February by a full bench of judges from outside the division, after the court previously granted an interdict in favour of the DA, Freedom Under Law, and Corruption Watch, preventing Hlophe from participating in the work of the commission pending this matter. The court said the NA had fundamentally misunderstood the nature of its powers to designate members to serve on the body that interviews candidates to become judges. It added that this seriously threatens the independence of the judiciary and Hlophe's presence on the JSC would prejudice the commission's ability to do its work. 'Through the impeachment of Dr Hlophe, the National Assembly has effectively already determined that his continued involvement in judicial affairs would diminish public trust,' said the court. It said that by Hlophe trying to appeal this judgment in the first part of this case, he has shown disregard for the authority and integrity of the courts. For this reason, it made an order that a judge removed for gross misconduct may never serve on the JSC. In 2021, the Judicial Conduct Tribunal (JCT) found that Hlophe's conduct breached the provisions of Section 165 of the Constitution and his conduct threatened and interfered with the independence, impartiality of the Constitutional Court. Acting on the recommendations of the JCT, the JSC found Hlophe guilty of attempting to influence two justices of the Constitutional Court to violate their oaths of office to rule in favour of former Jacob Zuma in his arms deal case in 2008. The matter was then referred to the Portfolio Committee on Justice and Correctional Services, which then recommended to the National Assembly to impeach Hlophe. This was eventually approved by Parliament through a vote last year. This meant that Hlophe was stripped of his lifetime title as a judge as well as other perks including lifetime salary. Cape Times
