Telling empowering stories, South Africans want to hear

Tuesday, 02 July 2024 19:16

MK party nominates Hlophe for JSC as Parly defers election for further consultation.

By Lehlohonolo Lehana.

The MK party has nominated impeached former judge president of the Western Cape John Hlophe as one of the MPs the National Assembly (NA) should consider for serving in the Judicial Service Commission (JSC). 

Parliament published on Tuesday that the MK party has nominated Hlophe to be among the six names the house will consider for the JSC.

Now Hlophe has been nominated to represent the same parliament that voted for his impeachment on a commission that found him guilty of gross misconduct.

Other nominees are Soviet Lekganyane (ANC), Fasiha Hassan (ANC), Glynnis Breytenbach (DA), Julius Malema (EFF) and Athol Trollip (ActionSA).

The house met to consider names of MPs who will be deployed to the JSC, Magistrates Commission, SADC parliamentary forum and Pan African Parliament, and to elect new house chairpersons.

However, it was not to be, as three motions were shelved for further consultations.

ANC chief whip Mdumiseni Ntuli withdrew the motion to consider MPs for the JSC. He also withdrew the election of house chairpersons and that of MPs to represent South Africa in the SADC parliamentary forum.

"The reason for the withdrawal is to allow further consultation on the matters that need to be cleared out on the three motions, "said Ntuli.

MK Party chief whip Sihle Ngubane later questioned the reasons for the withdrawal, saying his party had not been consulted.

"In the withdrawal in reading the motion, the Chief Whip did indicate the request that he is withdrawing this motion in his name in order to allow for consultations amongst parties," says National Assembly Speaker Thoko Didiza.

The JSC is the body that selects candidates for appointment as judges. It also investigates complaints about judicial officers and advises government on matters relating to the judiciary or the administration of justice.  

According to the Constitution, the NA is required to designate six members to represent the Assembly at the JSC. At least half of the NA members must come from the opposition.

Members of the NA have the option to object to any nominee before the vote is taken. A majority vote is needed for the NA to select representatives to send to the JSC.

Judiciary watchdog Judges Matter called for parliament to select members who will protect the judiciary.

"Section 165(4) of the Constitution requires all organs of state — including Parliament — to take all measures to protect the courts and ensure their independence, impartiality, dignity, accessibility and effectiveness," said Judges Matter.

To serve in the Magistrates Commission, former communications minister Faith Muthambi has been nominated by the ANC, Adrian Roos by the DA, Sibonelo Nomvalo by the MK party and Omphile Maotwe by the EFF.

Cedric Frolick is set to retain the powerful chair of chairs position. His name has been proposed for consideration by the house, with Supra Mahumapelo and the IFP's Zandile Majozi.

Meanwhile the names that have been confirmed by the NA to serve on the Pan-African Parliament include the ANC's Ntuli, the EFF's Vuyani Pambo, the MK's Duduzile Zuma-Sambudla and the DA's Mergan Chetty.