'By designating an individual who has been found unfit to be a judge to the body responsible for the selection of judges, the National Assembly has fallen short of [its] duty," said Freedom Under Law's Judith February.

The non-government organisation Freedom Under Law (FUL) says it will legally challenge impeached judge John Hlophe's designation to the Judicial Service Commission (JSC).

In a statement on Tuesday afternoon, FUL executive officer Judith February said the organisation would challenge Hlophe's designation as a member of the JSC "on rationality and rule of law grounds".

"To have a situation where an individual who was found to have committed gross misconduct and was removed from judicial office, is now in a position to decide on the suitability of other candidates for judicial appointment is wholly inappropriate, irrational, and in our view, susceptible to legal challenge," said February.

The newly constituted National Assembly on Tuesday carried a motion to elect Hlophe -- the former Western Cape Judge President who was impeached for gross misconduct -- as the designated representative for the uMkhonto Wesizwe (MK) party on the JSC.

The ANC, DA and other Government of National Unity (GNU) parties failed to find each other on the matter of Hlophe's election to the JSC in advance -- with the ANC siding with MK and the EFF that it was permissible.

The DA's George Michalakis argued that it was "neither reasonable nor rational" to...