Parliament defers election of its JSC representatives for further consultation

The National Assembly has deferred the designation of its members to the Judicial Service Commission (JSC) for further consultation.

The house met on Tuesday afternoon to consider names of MPs who will be deployed to the JSC, Magistrates Commission, Sadc parliamentary forum and Pan African Parliament, and to elect new house chairpersons.

ANC chief whip Mdumiseni Ntuli withdrew the motion to consider MPs for the JSC. He also withdrew the election of house chairpersons and that of MPs to represent South Africa in the Sadc parliamentary forum.

“The reason for the withdrawal is to allow further consultation on the matters that need to be cleared out on the three motions,” said Ntuli.

MK Party chief whip Sihle Ngubane later questioned the reasons for the withdrawal, saying his party had not been consulted.

It emerged on Tuesday morning that the MK Party has nominated impeached former judge president of the Western Cape John Hlophe to serve in the JSC.

The JSC is the body that selects candidates for appointment as judges. It also investigates complaints about judicial officers and advises government on matters relating to the judiciary or the administration of justice.  

In February Hlophe was impeached by the assembly for gross misconduct, becoming the first judge to be impeached by parliament. He has a PhD in law.

Parliament papers published on Tuesday morning showed the MK Party nominated Hlophe to be among the six names the house would consider for the JSC on Tuesday afternoon.

Shortly after being sworn in last Tuesday, Hlophe indicated he would accept nomination to the JSC if his party wants to deploy him there.

He told TimesLIVE at the time: “We haven’t met and it would be premature of me to make that suggestion. I have the expertise, I have been a judge in this country for 29 years so I know the system in and out, but if there are people who are suitably qualified or who are willing to go, they will be deployed.”

Anything before the house for decision is subject to a vote. MPs may object to the names, amend them or reject them.

EFF leader Julius Malema and the DA's Glynnis Breytenbach, who have previously served in the body, have been nominated by their respective parties, while the ANC has proposed newcomers to the national legislature in Molapi Soviet Lekganyane and Fasiha Hassan.

ActionSA has nominated veteran MP and parliamentary leader Athol Trollip.

The National Assembly elected former communications minister Faith Muthambi (ANC), Adrian Roos (DA), Sibonelo Nomvalo (MK Party) and the EFF’s Omphile Maotwe to serve in the Magistrates Commission.

The National Council of Provinces postponed its Tuesday sitting which was scheduled to elect that house's representatives to the same bodies.

The sitting was postponed to Thursday.

TimesLIVE