Speaker Thoko Didiza affirmed to the Western Cape High Court on Thursday that there are no restrictions preventing the National Assembly from nominating impeached judge, John Hlophe, to the Judicial Service Commission (JSC).
During the proceedings, Didiza emphasized her role was not to prioritize the opinions of some political factions over others regarding Hlophe’s appointment.
The court heard arguments from the Democratic Alliance (DA), Freedom Under Law (FUL), and Corruption Watch, all asserting that the National Assembly acted irrationally in endorsing Hlophe’s nomination put forth by the uMkhonto weSizwe (MK) Party.
Adila Hassim, representing the Speaker, highlighted the unusual lack of consensus on appointing commissioners to the JSC, contrasting with previous instances where decisions were unanimously agreed upon.
Hassim detailed that Didiza had postponed the initial discussion scheduled in June to allow party whips more time to deliberate, demonstrating efforts to address the concerns expressed.
Nonetheless, Didiza maintained her impartial stance, committing to respect the judicial outcome.
Arguments from the DA suggested Hlophe’s presence on the JSC could compromise the integrity of judicial appointments and undermine public trust in the judiciary. Meanwhile, Freedom Under Law argued that Hlophe’s impeachment rendered him unsuitable for the role, and Corruption Watch criticized his unapologetic attitude towards his past conduct and the JSC itself.
The case is set to proceed on Friday.
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