The MK Party has announced that it is withdrawing John Hlophe from the Judicial Service Commission (JSC), following a court ruling that upheld his exclusion.
This decision was revealed by MKP chief whip Mzwanele Manyi, who confirmed in a letter to National Assembly Speaker Thoko Didiza that the withdrawal takes effect immediately.
Hlophe, who was the first judge to be impeached in democratic South Africa, faced backlash after being found guilty of gross misconduct for attempting to influence Constitutional Court judges in favor of former president Jacob Zuma.
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Despite this, the MK Party nominated him to represent the National Assembly on the JSC after he became an MP in June.
However, opposition parties, including the DA, FF Plus, and ACDP, strongly objected to Hlophe’s nomination, citing his misconduct as grounds for his ineligibility to serve on the JSC.
A legal challenge by DA and civil society organizations led to the Western Cape High Court’s decision to block Hlophe from participating in JSC proceedings. The MKP’s request to postpone the JSC interviews was also rejected.
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Judge Stuart Wilson ruled that Hlophe’s exclusion from the JSC was mandated by the full court’s decision, and his absence did not invalidate the JSC’s composition.
Despite this, the MK Party refuses to accept the ruling, claiming that the JSC is improperly constituted without Hlophe’s participation.
The party argues that excluding Hlophe violates the Constitution, which requires a certain number of opposition members in the JSC.
DA MP Glynnis Breytenbach welcomed Hlophe’s withdrawal, calling it a victory for justice and integrity.
She emphasized that an impeached judge with a record of misconduct should not have a role in shaping South Africa’s judiciary.
While the MKP has withdrawn Hlophe, they will now need to nominate a replacement to serve on the JSC. The October JSC interviews will proceed without an MKP representative.
