South Africa: No, Mkhwebane Cannot Replace Hlophe On the Judicial Service Commission

21 October 2024
Daily Maverick (Johannesburg)
By Mbekezeli Benjamin

Can Busisiwe Mkhwebane actually be a member of the JSC? The short answer is no, she can't. Not for now, at least. The longer answer is more complicated.

In the past week, impeached former public protector Busisiwe Mkhwebane resigned as a member of the Economic Freedom Fighters and a member of Parliament. Before the ink on her resignation letter has dried, there is already talk of her replacing fellow impeached former Western Cape judge president John Hlophe as a member of the Judicial Service Commission (JSC) representing the uMkhonto Wesizwe party (MK party).

Can she actually be a member of the JSC? The short answer is no, she can't. Not for now, at least. The longer answer is more complicated.

Section 178 of the Constitution establishes the JSC as an independent body to advise the government on "any matter involving the judiciary or the administration of justice". The JSC is centrally involved in the appointment of judges, and their discipline for misconduct. In these roles, the JSC plays a critical role in ensuring the independence, effectiveness and dignity of the courts, as contemplated by section 165(4) of the Constitution.

Chaired by the Chief Justice, the JSC is made up of 23 commissioners: four practising advocates and attorneys, three judges, a law professor, four presidential...

Read the full story on Daily Maverick.

Tagged:
Copyright © 2024 Daily Maverick. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 500 reports a day from more than 100 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.