Quotes attributable to Judith February, Executive Officer Freedom Under Law

Freedom Under Law (FUL) welcomes the Constitutional Court’s decision to dismiss, with costs, the application by the MK Party and Dr Hlophe for leave to appeal against the decision of the Western Cape High Court to interdict him from sitting as a member of the Judicial Service Commission (JSC).

FUL was one of the parties which challenged the National Assembly’s designation of Dr Hlophe as a member of the JSC. Central to FUL’s arguments was the clear view that for someone who had been removed from judicial office for gross misconduct to be a member of the body which is central to the selection of judges is unconstitutional and unlawful. FUL argued that in designating Dr Hlophe to be a member of the JSC, the National Assembly failed to exercise its discretion properly; did not fulfil its constitutional obligation to assist and protect the courts; made an unreasonable and irrational decision; and took irrelevant factors into account.      

Although the Constitutional Court’s decision relates to the interim interdict granted in the Western Cape High Court proceedings, FUL welcomes the Constitutional Court’s decision as it is  an important step in curtailing any further dilatory court proceedings. FUL specifically welcomes the Constitutional Court’s decision to award costs against the Applicants. This is an important measure to protect the court process from being stymied by unnecessary appeals as has so often been witnessed in South African courts in the past decade.      

FUL stands by its arguments as to why Dr Hlophe should not be designated as a member of the JSC, and awaits the final judgment of the Western Cape  High Court which is currently pending.

ENDS