Legal analyst Abigail Ngobeni says the Western Cape High Courts ruling declaring the decision of the National Assembly to designate uMkhonto weSizwe Party Parliamentary leader, Dr John Hlophe as one of its representatives to the Judicial Service Commission JSC, as unconstitutional and invalid did not come as a surprise.
The Democratic Alliance DA approached the court over Hlopes designation to the JSC and was joined by Freedom Under Law and Corruption Watch.
The court ruled that the National Assembly may not designate Hlophe to serve on the JSC in terms of the Constitution.
In February last year, the National Assembly voted to impeach Hlophe as a judge after the JSC found him guilty of gross misconduct.
Ngobeni says what the courts citing in the judgment is that in terms of Section 156 of the Constitution, sub section 4, every organ of state through legislative and other measures must assist and protect the Constitution.
