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Constitutional court dismisses Hlophe's direct appeal against high court interdict with costs

Constitutional court dismisses Hlophe's direct appeal against high court interdict with costs
The ConCourt ruled that Hlophe had made no case for a direct appeal to the apex court. The matter was dismissed with costs.

An appeal for direct access by former Western Cape Judge President John Hlophe, found guilty of gross misconduct and now leader of the uMkhonto WeSizwe (MK) party in the National Assembly, has failed in the Constitutional Court.

Hlophe sought direct access to appeal against a Western Cape High Court interdict preventing him from sitting as a member of the Judicial Service Commission (JSC), which selects and disciplines judges.

The Constitutional Court ruled that Hlophe had made no case for a direct appeal to the apex court. The matter was dismissed with costs.

Hlophe was impeached for trying to influence Constitutional Court judges in 2008 to rule in favour of then deputy president Jacob Zuma in cases before them. 

Zuma became President in 2009 and founded MK in 2023 after spending years in and out of court on various charges and a short stint in jail for contempt of court.

The party, in a surprise result, became the country’s official opposition after the 2024 elections, which delivered a multiparty coalition government.

The courts must decide


Three cases were lodged at the Western Cape High Court applying for an interdict to stop Hlophe from occupying a seat on the JSC, considering his long and controversial history as a judge and Judge President.

In December, the high court dismissed an order for leave to appeal against an interim order which had led to Hlophe’s approach to the Constitutional Court.

Multiple complainants, including the Democratic Alliance and Freedom Under Law (FUL) had argued that Parliament had erred in approving Hlophe’s nomination by MK to serve on the JSC.

The Western Cape High Court is yet to deliver its final judgment on the matter. DM

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