south africa judicial service commission

The Discord Over John Hlophe’s Assignment to the Judicial Service Commission

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South African group AfriForum has taken legal action opposing the appointment of deposed judge John Hlophe to the Judicial Service Commission (JSC), arguing that it breaches the National Assembly’s constitutional duty and risks the judiciary’s reputation and independence. Hlophe was found guilty of serious judicial misconduct in 2021 and dismissed by President Cyril Ramaphosa. AfriForum’s CEO Kallie Kriel stated that it was “inconceivable” that someone previously regarded as unfit to serve as a judge could evaluate the morals and competence of prospective judges.

south africa western cape high court

Significant Ruling in South Africa’s Legal and Political Sphere

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The Western Cape High Court has rejected Judge John Hlophe’s request to halt the National Assembly’s proceedings for his dismissal, marking a critical moment in the feud between legislative power and judicial autonomy in South Africa. Hlophe had argued that the Assembly’s proceedings went against the principle of separation of powers and did not meet constitutional standards. However, the court upheld the Assembly’s responsibility to execute its duties and the importance of avoiding interference in constitutional processes. The ruling serves as a reminder of democracy’s ongoing nature and the need for active participation from all sectors of society.

judicial controversy south african parliament

South Africa’s Parliament Addresses Judicial Controversy

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South Africa’s Parliament is standing by its decision to dismiss Judges John Hlophe and Nkola Motata, arguing that the current laws provide ample basis to proceed with their removal. The Parliament maintains that the Judicial Services Commission is the suitable body to make the necessary findings and that it is not within its jurisdiction to duplicate their work. The Parliament’s position serves as a reminder that democracy is a continuous process and maintaining the balance between the three branches of government is crucial.

oscar pistorius parole eligibility

Oscar Pistorius Seeks Parole Through the Constitutional Court

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Former Paralympic athlete Oscar Pistorius has applied to the Constitutional Court for parole eligibility, with the Steenkamp family’s attorney confirming the receipt of his application. Pistorius was convicted for the murder of Reeva Steenkamp in 2013 and sentenced to 15 years in prison. He is currently serving his sentence at Atteridgeville Prison.

constitutional court department of public enterprises

Upholding Accountability: Constitutional Court Denies Appeal Request of Former Director General

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The Constitutional Court recently denied the application for leave for a direct appeal by the Department of Public Enterprises (DPE) former Director General, Mr. Kgathatso Thlakudi. This decision was made in response to Mr. Thlakudi’s appeal of a Labour Court ruling that found his suspension lawful. The DPE considers this ruling as further validation of their claim that Mr. Thlakudi was evading responsibility for the misconduct that arose from a complaint involving unethical behavior in a recruitment process.