The DA had better prospects of winning on the Phala Phala matter involving President Cyril Ramaphosa, which they were “flip-flopping” on, than they did on challenging uMkhonto weSizwe Party (MKP) leader in Parliament Dr John Hlophe’s appointment to the Judicial Service Commission (JSC).
That is how the MKP responded to the DA following its urgent bid to reverse Parliament’s decision granting Hlophe the green light to represent it in the JSC. Hlophe was impeached as a judge earlier this year in what he has maintained was a political decision.
Chairperson of the DA’s federal council, Helen Zille, said in her founding affidavit that Hlophe’s participation in the selection process of a judicial officer would taint the process as he “creates the risk that judges will be selected who do not have the necessary character and integrity to serve”.
DA papers in a two-part application seek, in the first part to ensure that Hlophe be interdicted from taking up his seat at the JSC, pending the outcome of the second part, which is to to set aside the decision by the National Assembly to designate Hlophe as a representative of the JSC.
The MKP described the DA’s latest move as frivolous.
“Our view is that the DA has better prospects of winning on the Phala Phala matter that they are flip-flopping on rather than on this frivolous case.
There is nothing in law or the rules of Parliament that prohibits Dr MJ Hlophe from being appointed to the JSC,” said MKP spokesperson Sipho Tyira.
On Phala Phala, he was referring to the DA's recent about-turn that it would protect Ramaphosa against any move to hold him accountable for the undeclared dollars stuffed in couches on his Phala Phala farm before they were stolen during a break-in.
An inquiry established by the previous Parliament and led by retired Chief Justice Sandile Ngcobo found that Ramaphosa may have a case to answer and could have breached his oath of office. However, attempts to impeach him failed when the ANC used its majority, shielding him from answering questions relating to the scandal.
Following the coalition between the DA and ANC, Zille’s party now said it was not interested in reviving the Phala Phala matter despite the Ngcobo report still going unchallenged.
In her affidavit, Zille said it was wrong that the National Assembly accepted Hlophe’s nomination.
Hlophe was found guilty of misconduct for trying to influence the outcome of former president Jacob Zuma’s corruption charges in 2008, leading to his impeachment.
That was before he was appointed as the MKP’s parliamentary leader.
Zille’s affidavit read: “Dr Hlophe’s participation in the selection of judges creates the risk that judges will be selected who do not have the necessary character and integrity to serve as judges. Obviously, Dr Hlophe will be just one voice and one vote on the JSC. But it is not only his vote but his ability to influence other commissioners that matters in the selection process. His presence matters, not only his vote.
“If it is irrational to put him on the JSC because he cannot be trusted to abide by the JSC’s own guidelines for appointment, then his presence there creates a real risk of irreparable harm,” said Zille.
In a statement, Zille said the “designation of Dr Hlophe presents a clear conflict of interest and undermines the independence of South Africa’s judiciary”.
Hlophe’s lawyer, Barnabas Xulu, said his client had been “trying to get access to the courts for the past four years for the vindication of my client’s rights, so what would make them so special with an urgent application?”
“If the matters that we have before court ... vindicate him, then they’ve got no case. Because we have been complaining that the court processes are being manipulated.
“We warned them about this thing of manipulating court processes and bulldozing ... you will have problems.
And here it is now. “We warned them about the rules of Parliament and impeaching the judge, but they went ahead and now the (former) judge is in Parliament.
“Because the rules would say if you are a judge that was impeached, you cannot be a member of Parliament. The court processes cannot be overlooked,” said Xulu.
Cape Times