John Hlophe Resigns from South Africa’s Judicial Service Commission

On Monday, John Hlophe, the deputy president of the uMkhonto weSizwe (MK) party, resigned from his position with the Judicial Service Commission (JSC) of South Africa. This occurred just hours after the commission continued conducting interviews to fill vacancies in the Supreme Court of Appeal and high courts without his participation.

According to Nhlamulo Ndhlela, the spokesperson for the MK party, Hlophe made the decision as he refused to “legitimise an illegitimate process.” This comment references the party’s stance, previously presented in the Western Cape High Court, that the commission’s proceedings would lack a quorum if Hlophe was barred from participating in the interviews.

The Western Cape High Court ruled otherwise, siding with arguments from the Democratic Alliance and Corruption Watch. These organizations sought to bar Hlophe from engaging in the interviews until a court challenge concerning the validity of his appointment was resolved.

The contention arises from the allegations against the African National Congress (ANC), which the parties argue had neglected its constitutional responsibilities by failing to protect judicial independence and integrity. This situation emerged following the nomination of Hlophe, an impeached judge, to the JSC by the MK party.

John Hlophe had previously served as the head of the Western Cape division of the High Court before his impeachment in late 2022, and later, his formal removal from office by the National Assembly in February of this year. His removal came after a tribunal, endorsed by the JSC, found him guilty of gross misconduct for attempting to sway two Constitutional Court justices in favor of former President Jacob Zuma in cases related to the arms deal corruption.

After the May elections, Hlophe joined the MK party as its deputy president. Last week, the MK party escalated the matter by sending a letter of demand to Chief Justice Mandisa Maya, threatening legal action if the interviews were not postponed. Nonetheless, the JSC decided, with a vote of 20 to one, to continue with its interviews.

Subsequently, the MK party took the case to court; however, the Johannesburg High Court dismissed the case over the weekend. Meanwhile, the JSC reportedly learned of Hlophe’s resignation “through the media.”