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Parliament, Tuesday, 3 June 2025 - Parliament notes the judgement handed down yesterday by the Western Cape Division of the High Court regarding the review applications brought by the Democratic Alliance, Freedom Under Law, and Corruption Watch. The judgement relates to the National Assembly's decision on 9 July 2024 to designate Dr John Hlophe, MP, to serve as one of its representatives on the Judicial Service Commission (JSC), in terms of section 178 of the Constitution of the Republic of South Africa, 1996.
When the review proceedings were instituted, Parliament expressed its intention to abide with the Court order. In its judgement, the Court has ruled that the National Assembly’s decision to designate Dr Hlophe from among its members to the JSC was unconstitutional, invalid, and therefore reviewed and set aside. In addition, the Court declared that the National Assembly may not designate Dr Hlophe to the JSC under section 178(1)(h) of the Constitution.
Parliament notes the interpretative guidance offered by the Court in relation to the relevant constitutional provisions governing the designation of members of the National Assembly to the JSC. Of particular concern to the Court was the rationality of designating a member who was previously found guilty of gross misconduct and removed from judicial office, and who has continued to demonstrate conduct incompatible with Parliament’s obligation to protect and ensure the independence and integrity of the judiciary.
As this judgement bears implications for Parliament’s internal arrangements, procedures, and processes relating to the designation of representatives to the JSC and other constitutional bodies, Parliament will take all necessary steps to ensure alignment with the Court’s findings. This includes instituting the appropriate processes to ensure that future designations comply with the constitutional principles outlined in the judgment.
ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
Media Enquiries – Moloto Mothapo
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