Opinion by Edgar Legoale
Dr. John Hlophe, the MK Party Parliamentary Leader, stands as the most qualified candidate to serve on the Judicial Service Commission (JSC). His extensive legal expertise and unparalleled experience make him an invaluable asset to this crucial body.
Dr. Hlophe’s qualifications are beyond dispute. He has served as the Judge President and holds a PhD in Law from Cambridge. His 24-year tenure in the judiciary has left an indelible mark on South African law and scholarship. No other candidate comes close to matching his legal acumen and practical experience.
It is important to clarify that Dr. Hlophe is no longer a judge but a political representative in Parliament, nominated by his party to serve on the JSC. His qualifications are not in question, as all Members of Parliament are eligible to sit on the JSC, including those facing criminal prosecutions.
Despite the narrative pushed by certain political factions and segments of the media, there is no legal barrier preventing Dr. Hlophe’s appointment to the JSC. His impeachment, which I believe was unfounded, should not disqualify him from this role. The JSC’s duties of conducting interviews and making recommendations would greatly benefit from Dr. Hlophe’s expertise and experience.
The argument against Dr. Hlophe’s appointment often stems from a bias against progressive black leaders. It’s crucial to approach this issue with intellectual honesty and a genuine concern for our constitution and democratic values. Denying Dr. Hlophe his rightful position sets a dangerous precedent and undermines the constitution we are sworn to uphold.
Many critics conveniently forget that Dr. Hlophe was impeached on grounds that many, including myself, find nonsensical. His advice to other judges regarding the Zuma matter, while inappropriate, does not justify a permanent ban from serving in the JSC. This appears to be more about anti-Zuma sentiment than genuine concern over misconduct.
We must avoid the pitfalls of selective outrage. Other individuals involved in the selection of judges have their own ethical concerns, yet they face less scrutiny. For example, Glynnis Breytenbach, who has been nominated to serve on the JSC, was fired by the NPA and faced charges of fraud and perjury. However, the DA remains silent on her ethical issues while vocally opposing Dr. Hlophe’s appointment. This double standard is neither fair nor just.
Dr. Hlophe’s inclusion in the JSC would not disrupt its proceedings. As one member among 23, his influence would be balanced by the commission’s inherent checks and balances. The exaggerated notion that his presence would derail the JSC is unfounded.
Our approach to ethics and governance must be consistent. Singling out Dr. Hlophe while ignoring similar issues in others undermines our moral integrity. The judiciary must reflect a consistent ethical standard, not one manipulated for political convenience.
Edgar Legoale is a youth activist , a member of the national executive committee of the South African Youth Council and writes in his personal capacity
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