What the MK party did when it nominated Dr John Hlophe as its representative on the Judicial Service Commission was to give its voters what they wanted: defiance, contempt and chaos. The nomination was not only politically astute, it was (from an MK perspective) entirely rational.

The decision by the National Assembly to endorse the uMkhonto Wesizwe (MK) party’s nomination of disgraced and impeached former Western Cape Judge President John Hlophe as its representative on the Judicial Service Commission (JSC) has (predictably) led to widespread outrage from supporters of a rules-based system of governance. (When I say a decision by MK, I mean, of course, a decision by Jacob Zuma, for whom MK c’est moi.) (more…)


Quote of the week

Mr Zuma is no ordinary litigant. He is the former President of the Republic, who remains a public figure and continues to wield significant political influence, while acting as an example to his supporters… He has a great deal of power to incite others to similarly defy court orders because his actions and any consequences, or lack thereof, are being closely observed by the public. If his conduct is met with impunity, he will do significant damage to the rule of law. As this Court noted in Mamabolo, “[n]o one familiar with our history can be unaware of the very special need to preserve the integrity of the rule of law”. Mr Zuma is subject to the laws of the Republic. No person enjoys exclusion or exemption from the sovereignty of our laws… It would be antithetical to the value of accountability if those who once held high office are not bound by the law.

Khampepe j
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others (CCT 52/21) [2021] ZACC 18
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