Legal analyst Abigail Ngobeni says the Western Cape High Court’s ruling declaring the decision of the National Assembly to designate uMkhonto weSizwe Party Parliamentary leader, Dr John Hlophe as one of its representatives to the Judicial Service Commission (JSC), as unconstitutional and invalid did not come as a surprise.

The Democratic Alliance (DA) approached the court over Hlope’s designation to the JSC and was joined by Freedom Under Law and Corruption Watch.

The court ruled that the National Assembly may not designate Hlophe to serve on the JSC in terms of the Constitution.

In February last year, the National Assembly voted to impeach Hlophe as a judge after the JSC found him guilty of gross misconduct.

Ngobeni says what the court’s citing in the judgment is that in terms of Section 156 of the Constitution, sub section (4), every organ of state through legislative and other measures must assist and protect the Constitution.

“To impartiality, independence and dignity. Accessibility and effectiveness of the court. So, that is the section that the court relied on to, in taking that decision and disregarding the fact that Dr Hlophe was recently impeached the National Assembly acted unlawfully,” says Ngobeni.

[WATCH] The Western Cape High Court has ruled the National Assembly’s appointment of Dr. John Hlophe to the Judicial Service Commission unconstitutional. Legal analyst Abigail Ngobene weighs in on the judgment. pic.twitter.com/JF0mruXlPa

— SABC News (@SABCNews) June 2, 2025

Meanwhile, DA spokesperson Karabo Khakhau says this is a victory for South Africans.

Khakhau adds that they are happy they took the matter to court, particularly because Chapter 8 of the country’s Constitution Section 165 (4) is clear.

“That courts are supposed to operate very clearly. And they are supposed to be effective. To make sure that their dignity is upheld. So, it was a matter of importance for the DA to go fight to say we cannot have a disgraced, an impeached judge responsible for the appointment of other judges across the land. There must be trust in the courts of this country,” says Khakhau.

[WATCH] The Western Cape High Court has declared unconstitutional and invalid the National Assembly’s decision to designate MK Party’s Deputy President Dr. John Hlophe as a representative to the Judicial Service Commission. DA spokesperson Karabo Khakhau responds to the ruling. pic.twitter.com/brFSktSM2j

— SABC News (@SABCNews) June 2, 2025