Advocate Jamie Ismail, representing the Democratic Alliance (DA), has argued in the Western Cape High Court that Parliament should have recognised former Western Cape Judge President Dr John Hlophe as unsuitable for designation to the Judicial Service Commission (JSC).

Ismail contends that Parliament should not have supported Hlophe’s nomination by his political party, the uMkhonto weSizwe (MK) party.

The DA, alongside Corruption Watch and Freedom Under Law, is questioning the rationality of Parliament’s decision to endorse Hlophe, who is a parliamentary leader of the MK party, to the JSC. The organisations are seeking a final order on the matter.

Last year, the court issued an interim order preventing Hlophe from taking part in the JSC, which oversees the appointment of judges.

Hlophe, a former Judge President, was impeached for misconduct and later became a Member of Parliament. He has since resigned from the JSC.

Despite his resignation, Ismail maintains that the legal challenge remains valid, stating, there is no applicable law.

Former Judge John Hlophe back in court