On what rational basis can an impeached judge be deemed to be an appropriate person to determine whether applicants for judicial office should be elevated to the Bench?

Listen to this article 6 min Listen to this article 6 min The negotiations for a government of national unity (GNU) were proclaimed to be based on the premise that all parties which joined were committed to the Constitution in general and the rule of law in particular. By the time the participants were announced, there was some deviation -- notably the Patriotic Alliance appeared to reject constitutional protection for migrants and wanted far more power for traditional leaders.

However, uMkhonto Wesizwe (MK), which would shred the Constitution, and the Economic Freedom Fighters (EFF), which would advocate significant changes thereto, are not part of the GNU.

One would have thought that the rest of the GNU membership would regard the judiciary as a key constitutional institution and seek to ensure that the body that selects judges and holds them accountable, the Judicial Service Commission (JSC), would be comprised of members deeply committed to constitutional democracy.

How naïve can one be!

The ANC caucus obviously has a different view of constitutional integrity in that its members joined forces with MK to vote in favour of Dr John Hlophe becoming a member of the JSC. Last year, the National Assembly, including the...