Hlophe to appeal court judgment regarding designation to the JSC
MK Party deputy president John Hlophe has vowed to appeal the Western Cape High Court judgment that his appointment by the National Assembly as a member of the Judicial Service Commission (JSC) was unconstitutional and invalid.
At a media briefing in Durban on Tuesday, Hlophe said he was not going to allow courts to bulldoze him.
'I have spoken to my lawyer, and we are definitely going to appeal that decision,' he said.
The court held that Hlophe's appointment to serve as a member of JSC was irrational.
Last month, the Constitutional Court dismissed the application by the MK Party and Hlophe to challenge the interim interdict preventing Hlophe from serving on the JSC.
Hlophe was interdicted from JSC processes last year after separate court applications were brought by the DA, Corruption Watch and Freedom Under Law. He was impeached for trying to influence Constitutional Court Justices Chris Jafta and Bess Nkabinde to rule in favour of former president Jacob Zuma in the arms deal case in 2008.
The court on Monday said that while it did not dispute arguments made by the MK Party that Hlophe was highly qualified; his removal from the bench on charges of gross misconduct was the issue. The court said his designation as a member of the JSC threatened the independence of the judiciary.
'Dr Hlophe's academic ability does not cure this. Through the impeachment of Dr Hlophe, the National Assembly has effectively already determined that his continued involvement in judicial affairs would diminish public trust,' read the judgment.
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