Norton Rose Fulbright South Africa successfully represents Corruption Watch in urgent application to block Dr. Hlophe from participating in the JSC

South Africa confronts an unprecedented legal challenge: a former judge, found guilty of gross misconduct, is set to participate in the Judicial Services Commission's (JSC) crucial decision-making processes.

On 21 February 2024, Dr. Hlophe was removed from office after attempting to improperly sway Justices Nkabinde and Jafta in favour of former President Jacob Zuma. This egregious breach of constitutional duties undermined the independence, impartiality, and credibility of the Constitutional Court, severely compromising public trust in the judiciary.

Despite this, on 29 July 2024, the National Assembly designated Dr. Hlophe as a JSC member under section 178(1)(h) of the Constitution. In this role, he would be responsible for evaluating and recommending candidates for judicial appointment to the President.

In response, Corruption Watch, represented by Norton Rose Fulbright South Africa’s Impact Litigation team (under the Social Impact practice), filed an urgent application challenging Dr. Hlophe’s participation in the JSC, which was heard on 5 and 6 September 2024.

Corruption Watch argued that the designation:

1. Represented an abdication of responsibility by the National Assembly to the political party that nominated him.
2. Was irrational and contrary to constitutional principles.
3. Violated Section 165 of the Constitution, which mandates the protection of the courts' independence and impartiality.

The court has recognised the urgency of the matter, given the imminent JSC sitting, and has reserved its judgment. The implications of this case are far-reaching, with potential consequences for the integrity and independence of South Africa’s judiciary.