It is not certain that Dr John Hlophe will become a member of the Judicial System Commission. Judges Matter researchers say it is likely that the National Assembly will vote on his appointment.
News of Hlophe's appointment as leader of the MK party in parliament sparked speculation he could take up a post on the JSC and raised concerns about a possible conflict of interest.
The constitution prohibits retired judges from taking up political office or other paid employment because judicial officers receive a salary, medical benefits, pension benefits and other perks for life. If they take up political office, these perks cease. There is speculation that the impeached Justice Hlophe may serve on the Judicial Service Committee in his current capacity as a Member of Parliament.
“If my party has confidence in me and appoints me, I see no reason to reject it. The answer is yes. There is no contradiction because I am not a judge. I don't want to be called a judge, but people still call me a judge. I don't call myself a judge, I call myself Dr Hlophe because I have a doctorate in law. No one can take that away from me.”
The JSC makes recommendations to the President on the appointment and impeachment of judges, sits on committees when judges are interviewed for senior positions, and advises the President on other judicial issues. The JSC has 10 members of Parliament.
“But once the political parties nominate their representatives, the National Assembly has to vote to appoint those members as representatives on the JSC. Until now, this has been done largely by consensus. But there have been instances where there have been challenges to members nominated as members of the magistrates' committee, which has led to a vote and the assembly has had to vote for that member as a member of the magistrates' committee. A similar process will be followed for the MK party and Dr Hlophe,” said Mbekezeli Benjamin, a researcher at Judges Matter.
Hlophe is still applying to the Constitutional Court to have his impeachment quashed. Benjamin says if his application is successful and he wants to keep his benefits as a judge, he will have to resign from Parliament.
