Dr Hlophe challenges the interim interdict preventing his Judicial Service Commission participation

Today, the full bench of the Western Cape High Court heard an application for leave to appeal by Dr. Hlophe and the MK Party against an order interdicting Dr. Hlophe’s participation in the Judicial Service Commission (JSC) pending the final decision on his designation to the JSC. The initial interim interdict, handed down on 27 September 2024, prevented Dr. Hlophe from attending the JSC session held on 7 October 2024.

The status of Dr. Hlophe’s application before the court remains complex, following his formal withdrawal, subsequent resignation from the JSC, and an attempt to reinstate the application through direct correspondence with involved parties. Corruption Watch NPC, represented by Geoff Budlender SC, Pranisha Maharaj-Pillay, and Mitchell de Beer, and instructed by Norton Rose Fulbright’s Impact Litigation directors, under the Social Impact team, argued that Dr. Hlophe’s application is no longer valid for court consideration.

Corruption Watch presented several arguments against the application for leave to appeal, emphasizing that Dr. Hlophe’s resignation from the JSC and the timing of the appeal would render it without practical effect. The main legal challenge regarding Dr. Hlophe’s designation to the JSC by the National Assembly, contended as unlawful and unconstitutional, is scheduled for hearing in early 2025. Corruption Watch highlighted that, by the time an appeal is potentially heard, the designation challenge could already be resolved, causing the interim order to lapse and the appeal to become moot.

Corruption Watch further argued that the interim order is not appealable due to its provisional nature. Additionally, the constitutional grounds cited by Dr. Hlophe as reasons for the appeal are yet to be decided by the court handling the designation challenge. Consequently, Corruption Watch contends that there are no valid constitutional issues for appeal at this stage.

Lastly, Corruption Watch opposed the application on the grounds that the appeal holds no reasonable prospect of success.

The court has reserved judgment on the application for leave to appeal.

Corruption Watch NPC is represented by Advocates Geoff Budlender SC, Pranisha Maharaj-Pillay, and Mitchell de Beer, instructed by Norton Rose Fulbright’s Social Impact team.