The judgment, delivered by the Western Cape High Court and upheld at the highest judicial level, affirms that Hlophe is unfit to serve in a body tasked with selecting judges.

The landmark case, brought by opposition parties and civil society organisations including Corruption Watch, challenged Parliament’s decision to install Hlophe, who was removed from the judiciary for gross misconduct and attempting to defeat the ends of justice.

Speaking to Channel Africa, Corruption Watch consultant and former Executive Director Karam Singh emphasised the gravity of Hlophe’s past actions.

“This was the first time in post-apartheid SA that a senior judge was impeached. His conduct excluded him from ever participating in a process meant to uphold the integrity of the judiciary,” Singh stated.

Although Hlophe, now an MP for the MK Party, is entitled to serve in Parliament, the court found that his deployment to the JSC undermined constitutional principles and the rule of law. Singh noted that the ruling affirms Parliament must act rationally and within constitutional limits when assigning MPs to key oversight roles.

The decision cannot be appealed, as it originates from the Constitutional Court, the country’s apex judicial body. According to Singh, this final ruling reinforces the independence of the judiciary, particularly in a political climate where no party holds an outright majority. “It’s a strong signal that even Parliament is subject to constitutional scrutiny,” he added.

Civil society organisations have been credited for their role in ensuring accountability. “Without the intervention of Corruption Watch, the DA, and Freedom Under Law, Hlophe would be sitting on the JSC today. That would have been an abomination,” Singh said.

--ChannelAfrica--