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Parliament to get to work on amending Constitution following high court order barring John Hlophe from serving on JSC

Parliament to get to work on amending Constitution following high court order barring John Hlophe from serving on JSC

Eyewitness News4 hours ago

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.
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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.

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Parliament to get to work on amending Constitution following high court order barring John Hlophe from serving on JSC
Parliament to get to work on amending Constitution following high court order barring John Hlophe from serving on JSC

Eyewitness News

time4 hours ago

  • 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.

Awful murders in SA can bring out the best and the worst in us
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Daily Maverick

time9 hours ago

  • Daily Maverick

Awful murders in SA can bring out the best and the worst in us

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Parliament's Constitutional Review Committee receives more than 250 proposals to change the Constitution
Parliament's Constitutional Review Committee receives more than 250 proposals to change the Constitution

Eyewitness News

time15 hours ago

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Parliament's Constitutional Review Committee receives more than 250 proposals to change the Constitution

CAPE TOWN - Parliament's Constitutional Review Committee has received more than 250 proposals to amend the Constitution. But it could take up to a year to decide how many of them are worthy of the attention of the committee which is currently still dealing with legal opinions on submissions made during the previous administration. ALSO READ: ActionSA proposes constitutional amendments to stem SA's immigration problems Co-chairperson of the committee, Glynnis Breytenbach says it's an arduous and painstaking process the committee will now embark upon after the deadline for submissions closed at the end of last May. The Constitution was last amended in 2023 to include sign language as an official language. Prior to that, the Constitution had not been amended since 2012 after an attempt to amend Section 25 to allow for land expropriation without compensation in 2021 flopped without the two thirds majority required by the National Assembly. Breytenbach says some submissions exceed 100 pages, and Parliament's administrative and legal staff will have to categorise the submissions depending on their substance. "It's not a must that the committee must find matters that must be brought to the National Assembly. If none of them are of any significant import, then we will again call for submissions." Breytenbach says it could take up to a year to grapple with these serious submissions. "Even that takes a long time because then you have to find the space for those people to come and present. You have to hear all the presentations. The pros and the cons." Among submissions received by the committee deal with the consequences for impeached individuals which Breytenbach says warrants Parliament's urgent attention.

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