Democratic Alliance v Hlophe and Others (16170/2024 ; 16771/2024 ; 16463/2024) [2024] ZAWCHC 282; 2025 (1) SA 169 (WCC) (27 September 2024)
The court found that the National Assembly failed to properly exercise its discretion in designating Dr Hlophe to the Judicial Service Commission, instead following a convention that did not allow for genuine deliberation or consideration of relevant factors. The designation of an impeached judge to the JSC is...
Source-derived case information.
- Citation
- [2024] ZAWCHC 282
- Parties
- Applicant: Democratic Alliance; Applicant: Corruption Watch NPC; Applicant: Freedom Under Law NPC; Respondent: Mandlakayise John Hlophe; Respondent: Speaker of the National Assembly; Respondent: Judicial Service Commission; Respondent: Umkhonto Wesizwe Party; Respondent: All Other Parties Represented in the National Assembly; Respondent: African Transformation Movement
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Judgment Date
- 27 September 2024
- Case Number
- 16170/2024 ; 16771/2024 ; 16463/2024
- Procedural Posture
- Urgent Application / Interim Interdict and Postponement of Review
- Outcome
- Interim interdicts granted restraining Dr Hlophe from participating in the JSC pending review; costs awarded to DA; other costs reserved; FUL application postponed.
- Judges
- Baqwa, Daffue, Collis
- Legal Topics
- Judicial Service Commission Composition, Interim Interdict, Promotion of Administrative Justice Act, Separation of Powers, Error of Law, Irrationality
Source-derived case record
Summary, issues, holding and outcome
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Parties
Democratic Alliance
Applicant
Corruption Watch NPC
Applicant
Freedom Under Law NPC
Applicant
Mandlakayise John Hlophe
Respondent
Speaker of the National Assembly
Respondent
Judicial Service Commission
Respondent
Umkhonto Wesizwe Party
Respondent
All Other Parties Represented in the National Assembly
Respondent
African Transformation Movement
Respondent
Procedural Posture
Urgent Application / Interim Interdict and Postponement of Review
Legal Issues
- 1 Whether the National Assembly properly exercised its discretion in designating Dr Hlophe to the Judicial Service Commission.
- 2 Whether the designation of an impeached judge to the JSC is compatible with section 165(4) of the Constitution.
- 3 Whether the requirements for an interim interdict have been satisfied.
Ratio Decidendi
The court found that the National Assembly failed to properly exercise its discretion in designating Dr Hlophe to the Judicial Service Commission, instead following a convention that did not allow for genuine deliberation or consideration of relevant factors. The designation of an impeached judge to the JSC is incompatible with the constitutional obligation to protect the independence, dignity, and effectiveness of the courts. The applicants established a strong prima facie case for review, a reasonable apprehension of irreparable harm to the legitimacy of the JSC, and satisfied the requirements for interim relief. The High Court has jurisdiction to hear the matter, and the applicants...
Court Disposition
Interim interdicts granted restraining Dr Hlophe from participating in the JSC pending review; costs awarded to DA; other costs reserved; FUL application postponed.
Orders
- Dr Hlophe is interdicted from participating in the processes of the Judicial Service Commission pending determination of the merits of the review applications or Constitutional Court proceedings.
- The applicants' non-compliance with the Uniform Rules of Court and Practice Manual is condoned due to urgency.
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