Cape Town – The Democratic Alliance (DA) says its legal challenge against Parliament’s designation of Dr. John Hlophe to the Judicial Services Commission has succeeded with costs.
The impeached former judge is an umKhonto we Sizwe Party Member of Parliament.
“The DA pursued, and won this case, to uphold the rule of law,” Helen Zille, DA Federal Council Chairperson, said on Monday, 2 June 2025.
The High Court found Parliament violated the Constitution by designating Dr. Hlophe to take up a seat on the Commission, because as a previously impeached judge who breached his judicial oath, he was found to be unfit to continue serving as a judge, which undermines the integrity and compromises the legitimacy of any JSC process he may be involved in to appoint further judges.
“The High Court order to bar an impeached judge from serving on the Judicial Services Commission is a victory for the rule of law and the Constitution,” Zille said.
“The Judicial Services Commission must play its role as an interviewing and disciplinary body for the judicial arm of government through members who are themselves fit and proper and above reproach.”
She said the judgment of the High Court stresses that “public confidence in the judiciary’s composition and administration of justice is vital” – a sentiment with which the DA firmly agrees.
The matter was jointly brought to court by the DA, Freedom Under Law, and Corruption Watch.
