DA's urgent court application to interdict Dr John Hlophe's JSC designation
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- เผยแพร่เมื่อ 15 ก.ย. 2024
- The Western Cape High Court will today hear an urgent application that the Democratic Alliance (DA) and two other organisations have brought to interdict Dr John Hlophe's designation to the Judicial Service Commission (JSC)
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Dr Hlophe is no more a judge he is a member of parliament and we are happy
Happy for nothing
@@CeboSimelane-i9x You Europeans are the ones who are not happy.
@@CeboSimelane-i9x hlope is a politician and not a judge
" and we are happy" you and who? Speak in a singular form and not plural form. Not all of us (SANs) are dumb and as such, please speak for yourself.
@@DennisGowaseb-yj1xz This seems not to sit well with the Caucasians.
Apartheid judges are serving in a democratic state😂yet they have a nerve to challenge Dr Hlope for his previous role as a judge
Thay are praying he is not a judge is a member.They always fight.
Your response is racist, you need a paradigm shift to fully understand this matter. Use your ears and your own brain to understand this matter (hearing).
IMAGINE IF MKP WINS THE 2029 NATIONAL ELECTIONS, THEN DA TAKES TO COURT AND SAYS, NO ZUMA NOR HLOPHE CAN'T BE PRESIDENT, MKP MUST SUGGEST SOMEONE ELSE..JUST LIKE PARLIAMENT ADJUDICATED HLOPHE'S NOMINATION TO JSC, NOW DA USING THE COURT TO REVERSE THE WILL OF THE PEOPLE OF SA.... "Total Madness!!!"
@@eugeniamanana9424Kak praat nie !!!
When do you uphold the rule of LAW against the Man infringed his Oath? I'm talking about PHALAPHALA SAGA, are you going to turn a blind eye on it until when? Why over 2000 educators in the Western Cape provinces are at the verge of losing their Jobs?????
We heard about all the allegations and nepotism that were taking place at the Western Cape HC Division when this man was at the helm. Karma is real, now he returns to the same house he used to head to ask the same people he used to bully around to come to his rescue
Do your research on why they are going to lose their jobs and you'll get your answers. You are lazy and want to be spoonfed with information.
@@sibongilegodana3512 Where can I find credible sources to verify the hearsay you're referring to? I have been following his litigation for some time and have not come across such claims, including in the DA's court papers and other relevant structures handling his case. The only allegations I’ve encountered stem from individuals who appear to harbor resentment, particularly after he appointed people of color to positions of influence that were previously held by white individuals. Do you honestly believe the DA would remain silent if there were credible evidence to support such claims? Kindly provide reputable sources to substantiate your points.
This black woman a total SHAME don't even know that she's being used and used in directly to bring down this guy
Amasela omhlaba ayatatazela
This case is an abuse of SA courts. If parliament has elected someone to a role. The courts has no jurisdiction in listening to any matter that is brought before it in regard to what the parliament has agreed on. If Hlophe can be removed by a court decision after be elected in parliament, it will send a wrong precedence. An avanche of court applications will surface. Ramaphosa's election will also be challenged in court. Courts can not overrule what the parliament had passed otherwise the court becomes a suprieor body than that of parliament.
@ Mr Augustine u quite right sir.
Ayibo uHelen Zlle uyadlala ngabantu abamnyama nabo bayavuma kudlalwe ngabo
Ezijaji sendizbonile Mphephethwa aziyifuni iMK neLawyer yayo but kuzolunga...6/9/2024
Eyi kuvele kuthi angife mase bemsupport 😭😭
They are foolish, bathanda izinto
Somehow I don't think the DA or its predecessor considered it improper for the former apartheid parliamentarians to preside over the JSC, despite their rule being a crime against humanity. Former apartheid Judges somehow are objective and are trustworthy because they are fit and proper.
Dankie Dali Mpofu one day Africa will celebrate you son of soil
Indeed,he's a sacrificial lamb in the forefront,persecuted,we recognize dis,which invokes a question as to where are black academics,professionals,surely he can't take on the system alone and triumph,the system is far too organized,moniesd,and supported by the constitution.The time is now or never to take it on,head on..legally,we have capacity amongst us.
@@Tizza.21he's not alone. There are the likes of Adv Sikhakhane SC, Ngalwana etc.
Mpofu SC is going to win this one...I have seen that these judges aziyithandi MK and they always dismiss his applications and objections but not today...He Is winning...6/9/2024
Indeed he stood firm for the rights of the people
But the judges have a habit of not taking his submissions or arguments serious I don't kno why??? Even in this matter he can come out nose bleeding....although he worked his socks off. ...I think they are biased or unfair...10/9/2024
Zille thank you!!! For being the custodian of every black persons intelligence...thanks without you we blacks would have been lost... qwirha ndini
He is not going there as a Judge bt as an MP member
You FOOLS
If they Remove Hlhophe,it means they must also remove Mackenzie,since its about character.
When she says south Africans she means whites
Is she a representative of us all?
The court is on trial against itself here, how can hlope qualify being mp but not allowed to save in that body of parliament. I'm interested to hear that rulling
And they know it very well they have no chance this racists all they want is to prevent him from seating on this up coming important interviews
The chickens are coming home roost. Zille and the gang never anticipated this to happen.Remember even the impeachment was unlawful ,the composition of the Judiciary commission which took a decision did not meet the quorum.
Time is up for these racists and coconuts. The tide has changed in case they didn't realize. Zondo is history
IMAGINE IF MKP WINS THE 2029 NATIONAL ELECTIONS, THEN DA TAKES TO COURT AND SAYS, NO ZUMA NOR HLOPHE CAN'T BE PRESIDENT, MKP MUST SUGGEST SOMEONE ELSE..JUST LIKE PARLIAMENT ADJUDICATED HLOPHE NOMINATION TO JSC, NOW DA USING THE COURT TO REVERSE THE WILL OF THE PEOPLE OF SA.... "Total Madness!!!"
@@SonOfTheSoil834...😊😅😮 Do you even know the reason why he was impeached? No,.of course not... So keep your racism out and get your facts in order.
Down with Roman Dutch law
Down!
Up with WHISKEY WINNIE LAW tire matches and necklacing You do know every time Dali did Winnie she was drunk ?
down
Which law must we then use in this country Mr User??? 6/9/2024
Dali mpofu is on another level
He is better than any lawyer in the country but judges do not like him...they always dismiss his applications, objections and submissions....but today he is winning...6/9/2024
Hlope is a well oiled experienced Judge by far and as a defence lawyer representing him in court is just a Cup of tea..Hlope is a former judge he knows the law and knows how the court operates so you will be guided by him when representing him.
Kanti it about Jacob Zuma😂😂
As much as I have problems with some of the decisions that the make, I totally support them on this application.
😂 ah try again Mr DA
They are correct on this one , I support DA on this.
Helen zile what are you so scared of. Stop harassing Dr Hlophe please 🙏 it's either you know something thet we don't know stop it Helen
Helen Zille is not scared of anything or anyone. She's never lost a case in court because she thinks with her head. She's trying to clean your country or else it going to end like Angola, DRC etc .
How Can they challenge this when still having Gouws as an MP?
Dali Mpofu epitome of black excellence
Dali is the epitome of NOTHING. Only of rudeness, disrespect and racism. His arrogance in Court yesterday was disgraceful.
Gwaza mkhonto🙌🏿🙌🏿gwaza amambuka.. siyabonga people’s advocate for exposing this
DA got no case🚮
Say something about the pig farm murders also
They will get their day,for sure.
i have learnt to support anything keeps the DA Sleepless.
Ngeke sizwe ngawe gogo i Mk ayiyona i anc phela
Qwabe MK izophatha izwe uHlophe will be Chief Justice...6/9/2024
Vele wena Zille awubafuni abantu abamnyama ezikhundleni ezinkulu uyahlupha Gogo 🚮
uyabajulukisa uDr Hlophe abalali ebusuku 😂😂
Think using your brain before you respond and remove racism. The answers will be as clear as daylight.
So basically, by extension of the urgent application, the very JSC that found gross misconduct against Hlophe was improperly constituted. This will be interesting to know where and when it will end.
Unsuitable designation. Trengov
I argue that Dr Hlophe is more suited than any candidate designated to the JSC. Absent any law or procedural provision barring impeached judges from participating in JSC processes in representation of a political party, an assertion that that is inappropriate or irrational is a plain contrivance. It is a blindside of parliamentary regimes, but it is not illegal or irrational and suggesting thus would be equivalent to undermining the doctrine of the separation of powers. The man was appointed by a duly elected party to represent it in parliament, and by that virtue, he is qualified to stand in the JSC. If he is disqualified to interview judges because he is impeached, then what qualifies him to craft laws that will be interpreted by the same judges? I assume the answer would somewhere within the region of saying that parties have autonomy to appoint memebers that would represent them in parliament without a need to subject those appointments to the test of rationality through judicial channels, as such, parliament(NA) bears the same autonomy to designate its memebers to the JSC without being threatened by external bodies of being overruled by judicial orders, a member is qualified to stand in JSC by mere virtue of being a member of the NA, of course degrees of qualification will always vary amongst members, however, that's within the discretion of the NA to determine.
Rationality: Duplessis
What constitutes rationality varies depending on circumstances, and the judgments of judges dont necessarily have to be identical to those of parliamentarians on a matter as judges differ on certain issues despite dissecting the same material. Thus, deference to parliament is not an absurdity simply because the courts disagree with the conclusions drawn by parliament on a particular matter, when the judiciary starts to impose its own decision on other arms of state, then the doctrine of the separation of powers is rendered nugatory. If reasons used by the NA to not disallow the designation of Dr hlophe are unavailable, then the dissatisfied parties should demand that they be provided, as the saying goes, 'absence of reasons is not evidence of absence'. Rather than demand of the courts to rescind the decision of the NA, it would have been wiser to use parliamentary channels to block that designation. The most prominent reason for his designation is his wealth of experience and education on the task that the JSC is mandated to discharge, another one is that he is a member of the NA which is all that's required for a person to qualify for JSC designation.
Irrationality:DA
This argument is for all intents and purposes an expansion of arguments already advanced by last two counsels. However, the fact that applicants all invariably seem to deliberately avoid the most plausible reason for dr hlophe's qualification for designation, which is that he is a representative of a duly elected party, is disconcerting. Nothing more needs be met as a precondition if that threshold has been met. With a risk of resorting tautology, there is a plethora of experiential and educational reasons to buttress hlophe's designation. It's impossible to divorce the JSC designation from political touch if it's composition requires politicians, every politician representing a political party who has been designated will logically pursue the interests of his/her political party through contributions in the JSC. Thus, a claim that the JSC is a purely apolitical body is unsustainable.
Gouws, called us all sort of names... and DA selected him to be a parliament member... wow
Is there an act that when a judge is impeached he is barred from serving in the justice committee
Gogo Helen is lying
This case will certainly reach the Constitutional Court. It will be a test for the new CJ.
You are correct my brother 💯...it is going there...and Mpofu SC is winning...6/9/2024
@@ThembaMayekiso-vk7us and he will win for sure.
Zille started the stop Zuma campaign back in 2008
....and so, what's your point?
Courts are you as the last line of defense for monopoly capital and thier stoogie.
Only wish that Helen Zille and John Steenhuizen could have made so much noise and been so high profile when the ANC Caucus refused to investigate and impeach President Cyril Ramaphosa over the Phala Phala money laundering scandal , their appears to be different horses for different courses in South Africa when it comes to accountability.
I wish he becomes president, so DA be put to order😅😅😅
Interesting issue, if a person was stripped of a title of being a judge it doesn’t make sense though for them to decide on who becomes a judge but I guess the experts know better.
Illegally impeached first of all.
They are being delegated there as a member of parliament. How does it make sense that they are admitted as a member of parliament but cannot serve on commissions that parliament members serve on? The truth of the matter is, there is no legal basis for the objection to the delegation of Hlophe to the JSC; you are all just relying on ethical grounds, lol.
@@siszama2294 Ok, so he must legally challenge it then
@@smngvncnt8017 Hopefully the judiciary will legally evaluate these arguments
Helen Zille you are NOT the Queen of moral standards in our country. Let other things pass you Gogo. You talking too much yet the man is a Doctor of Law. What do you know?
Leave Dr. Hlophe alone please 😮
Sizolithatha izwe kahle kamhlophe, ngevoti if not ngenye indlela engeke ibe mnandi
You're welcome to try. Do I see some Marikana actions here?
@@diepseunoconnell1466 people in Marikana were not fighting if u were noticing
@@Sbahlemp Bullshit. They killed numbers of people a day or 2 before,including Police and security officers, as well as people that didn't want to join their actions. They went there with the intentions to attack and kill more, but was stopped in their tracks in a way they didn't expected,! Even went to sangomas for muti that would make them invisible, but it didn't worked out that way. So go and make sure of your facts. Play with fire and you'll get burn for sure. Exactly what is mentioned by some else to go take power buy force. Don't do stupid things and blame others if you fail and get hurt. !!
I am really trying to understand why the judge is having a problem with Mr Mpofu raising an objection. I am sure he would have finished raising it already. In fact, the judge is the one wasting time.
Someone balance me here: Is Dr. Hlophe going to solely recommend who to be appointed as judges or its going to be a collective decision by JSC? DA people are crazy/mad
Relax gogo Helen, MK is coming and is coming very fast. Dr John Hlophe is not going to pay revenge to you. Just sit down and enjoy your GNU while it lasts. Amandla 🎉🎉🎉🎉
Gwaza mkhonto ❤
Jikijela!!!
@@marvelmthembuvee2593 Gwaza Mkhonto❤️❤️❤️
That Thabo Bester lawyer who is sitting with Adv D Mpofu SC, is going to be razor sharp due to the fact that his "mentor" is double razor sharp....that's deadly combination with clear cut winning in sight raining or not. ..7/9/2024
Ful seeks a final order in part B; in part A interim proceedings convened on urgent basis 😂the SA law was made to serve elite minority interests
It protects the same corrupt politicians that you so glorify, they stole resources that belonged to South africans and living comfortable in Dubai and poor masses are suffering.
Da and Anc you lost elections dismally so stop it it's embarrassing🥺
Ayikho mayelana no doctor hlophe lento, impi ephakathi kwabantu abamnyama nabamhlophe
I totally disagree, you can't let the wolf guard the sheep throughout the night. Zuma is irrelevant and the MK needs a younger leader that understands the needs of our youth.
Adv D Mpofu SC is winning this time raining or not ....this submission is well thought and well presented no court can dismiss it unless they play the man not the ball ....6/9/2024...I have noticed these judges they like to dismiss his applications and objections but not this time...
White political morality is the new standard ,new consideration according to the apartheid judge Kriegler of the DA😂
For sure, the same minority that feels Dr Hlophe undesirable but has a member of their own Glynnis Breytenbach who was found guilty of fraud and another one there in John Steenhuizen's office who was disbarred by the court from practising as an attorney very suitable.
How can one member select judges? It's the collective discussion and the provocative of the president. The interview of just part of the process to select judges.
John Hlophe will most likely be a significantly more active participant during the JSC-interviews than the DA's Glynnis Breytenbach, who has an I-can't-care-less passivity during the interviews.
Yoh, 16 years Helen, it is a long time to hold a grudge err on a Judge .
Why is it so short, we want to hear the respondents arguments
This is the constitutional matter I agree the high court doesnt have a say.
Read John 8 reading from verse 1--until you find yourselves
Who were / are the writers of the constitution?
Izwe elethu amandla awethu viva mk viva
Izophatha izwe iMK my brother..Hlophe will be Chief Justice and other judges will see hard times...6/9/2024
THE PEOPLES ADVOCATE
Whiskey Winnies little toy boy till he dumped her for SISWE white mommy
What a joke. How many cases did he won the last few years? And think very well before you make a fool of yourself. All he made was millions out of fools like you who believe in him!!!
Which one is people's Advocate or who is he/she??? 6/9/2024
Ugogo Zille akalali ebusuku ecabangana nobaba Hlophe
What will happen to DA nominated Ministers with this argument....does the power/authority belongs to the President or DA? 😊
This racist british woman wenza into ayithandayo in our country
Kriegler of Ful is clearly very powerful 😂unprecedented wherein amicus makes submissions for a final order on a matter in the concourt
Thats doesn't mean he must not serve as member of the parliament. Da laphapha.
Mmmmmmm ayikho lento
Everyone supporting MK and his MP must have something dark in their past that they don't want to show. Criminality is the main point, that's why KK has a criminal as leader.
This judge is scared of the whites
The judge want to please DA, relief yan leyo
All black parties don't have problem except white paties🍑🍑🚮
Ibhantiti is the president of PA. Criminals are those that stole the land. Ur either a brainwashed fool or land thief
No it is not about criminality the mkp is about the book of Ephesians 6 reading from verse 10-20 the helmet of salvation covered our brains against those evil negative news we know the truth
Dallas Roads
Question of phalaphala ,what is Zille saying about it. Sadlala izingane ezambukela emabhunwini namajaji amnyama ,nonke niright hand yobandlululo---Hambani niyofa, Gwaza Mkhonto bagwaze namambuka.
U need to interpret the law
Double standards at its best. You are not saying anything about phalaphala. Suka
The issues are not related at all...just exposing ourself to not having the brains to understand the different issues.
@@eliudnkuna3930 we don't see things the same way therefore I am not even going to debate with you.
@@nomasikomoyo9967 I wouldn't have said it better....we are really far apart.
Phela lowo umfana wabe mlungo
Count me out magogo
Ful has just conceded to wasting the court's time on separate case😂
What's the obsession of da with Dr Hlophe
Rule of law my foot 🦶
Hellen wa nnya ntombaza
Why everything is about DA haibo?
Viva mk viva
Hambani niyonya you are not the supreme owners of the law or constitution
Welele.......
Gwaza Mkhonto
😂😂😂DA American agency party
True you're right
It affects your recial egos
DA thinks they are superpower
Manurity
Yes bas
gogo go home to grand kids😂
Surounded by mick mouses
Buy a crowd 😂
RENTED CROWD. KFC AND R500
He is not going there as a Judge bt as an MP member
You FOOLS