The Western Cape High Court is currently hearing three applications that want to halt the designation of MK Party Parliament leader Doctor John Hlophe to the Judicial Service Commission .
The three applications before the Western Cape High Court argue that the decision of the National Assembly to nominate Hlophe is irrational as he, as an impeached judge, cannot be part of the JSC to appoint judges, when he was found to have committed gross misconduct. “The first is that the designation by the National Assembly of Dr. Hlophe was substantively irrational. The second is that it offended, it did not advance of what it required, the obligation of Parliament to comply with section 165 of the constitution instead it undermined and retrogressive in respect of section 165 ,” says Adv. Ismail Jamie, Counsel for the DA.