Dec 8, 2022

Mawazo Writing Africa

Writing about the main

Now that Mkhwebane has been suspended, why not Judge John Hlophe: Freedom Under Law

Freedom Under Law (FUL) says President Cyril Ramaphosa’s decision to suspend public protector Busisiwe Mkhwebane may lead the Judicial Service Commission (JSC) to crack down on Western Cape Chief Justice John Hlophe.

FUL said Friday that Mkhwebane has repeatedly involved her office in litigation unrelated to her constitutional duty as a public protector.

The courts have repeatedly made damning findings , not only in terms of her competence but also her motives and her integrity.

For example, in July 2019, the Constitutional Court said that she had alleged a “series of untruths” and that her “disregard of her constitutional obligations “Outrageous.”

FUL said the results signaled Mkhwebane’s wrongdoing, incompetence or incompetence to take action against her under the Constitution

“Clearly Parliament should have taken steps by 2019 at the latest to remove her from office and the President should have suspended her in the meantime. This failure has caused untold harm to the country.”

There were echoes of yet another “disgraceful failure to protect public institutions”, in this case the JSC’s “abject dereliction of duty” to protect the integrity of the judiciary .

It said it was now 14 years since Hlophe installed two Constitutional Court judges in favor of former President Jacob Zuma.

FUL said although months ago the JSC Hlophe for guilty of gross misconduct, and although the constitution provides for a suspension pending impeachment, he remains the public image of the judiciary in the Western Cape.

“Freedom Under Law has repeatedly urged the JSC to recommend the President’s suspension : Perhaps the action now being taken against the public protector will persuade them to act.”

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