Democratic Alliance v Hlophe and Others (16170/24 ; 16463/2024 ; 16771/2024)
Democratic Alliance v Hlophe and Others (16170/24 ; 16463/2024 ; 16771/2024) [2025] ZAWCHC 234; [2025] 3 All SA 447 (WCC) (2 March 2025)
The court held that the National Assembly failed to exercise its constitutional discretion when designating Dr Hlophe to the Judicial Service Commission, acting under the mistaken belief that it was compelled to accept party nominations without assessing suitability. The designation of Dr Hlophe, who was recently impeached for gross misconduct and continues to denigrate the judiciary, was found to be irrational, unlawful, and inconsistent with the constitutional obligation to protect the integrity and independence of the courts. The court confirmed that the designation constitutes administrat…
Source excerpt
- Judicial Service Commission
- Fit And Proper Criteria
- Promotion Of Administrative Justice Act
- Separation Of Powers
- Judicial Independence
- Public Confidence In Judiciary