It beggars belief that the speaker of the National Assembly can see nothing wrong with the nomination and appointment of an impeached former judge as a parliamentary member of the Judicial Service Commission (“Parties and civil society condemn election of John Hlophe to JSC”, July 9).

The speaker needs to read no further than section 1 of the constitution to discover that the rule of law is regarded as supreme in the value system in place in SA. It is a well-established principle of the rule of law that official decision-making should be rational. Any decision made that does not serve a legitimate purpose of government is, legally speaking, irrational.

Can it ever be rational to regard a person, removed from office as a judge due to gross misconduct, as suitable for appointment to the JSC? Obviously not, certainly if regard is had to the functions of the JSC in identifying suitably qualified fit and proper people for appointment to the bench.

The decision to designate John Hlophe, the impeached former Western Cape judge president, as one of the six people to be appointed to the JSC by the National Assembly, is conduct inconsistent with the constitution. The decision is accordingly invalid under the provisions of section 2 of the constitution.

The irrationality of the decision is so gross that it cries out to be set aside on review by the courts. Hats off to Freedom Under Law for showing the necessary fortitude to take up the cudgels in the matter. The MK party strategy deployed to get Hlophe and others sworn in as “parachuted in” parliamentarians is also questionable.

Paul Hoffman
Director, Accountability Now