Speaker,
The Judiciary is a crucial part of our Constitutional Democracy due to the extensive powers the Constitution vests in our judges, which also guarantees its independence. This makes issues of how judges are appointed critical to the strength of our Constitutional Democracy.
In this seventh administration, the process of appointing a new Chief Justice and a Deputy President of the Supreme Court of Appeal, which began before the elections, will need to be finalised. This is in addition to other appointments and as we know, the Judicial Services Commission (JSC), plays a central role in this process.
The JSC itself has been the subject of much criticism from various judgments and civil society. It even had to rerun interviews. So we in the seventh Parliament have the opportunity to strengthen this key institution and address the shortcomings that exist by ensuring that its members are at the very least committed to the rule of law and Constitutional Democracy.
While Dr Hlophe is highly qualified, and I know him personally, and whilst there is no legal impediment to today’s nominations constitutionally as far as the ACDP is concerned, the prospect of a nominee who was removed from judicial office for gross misconduct sitting on the very body that made that finding is, in our view, plainly wrong.
Those serving on the JSC to appoint and discipline judges must themselves be above reproach to ensure the legitimacy of the Judiciary, not only in our eyes, but in the eyes of the public, given, as the honourable member from the uMkhonto weSizwe Party (MK) himself said, that judges are not elected in South Africa.
The ACDP cannot in good conscience support today’s nominations as those nominated will represent us and be our voice in the JSC. Clearly, however, and I say this with greatest respect to the honourable John Hlophe, that the legal lacuna that exists needs to be addressed, either by Constitutional or other legislative amendment, to address this legal lacuna, which in our view, is ethically obvious: it is Ethics 101.
I thank you.
