Norton Rose Fulbright South Africa secures key constitutional ruling in defence of judicial independence

Norton Rose Fulbright South Africa has successfully represented Corruption Watch NPC in a landmark High Court matter confirming that the National Assembly’s (NA) designation of Dr John Hlophe to the Judicial Service Commission (JSC) was unconstitutional and invalid.

The matter, which was heard alongside applications brought by the Democratic Alliance and Freedom Under Law, challenged the NA’s 2024 decision to appoint Dr Hlophe—a Member of Parliament for the Umkhonto WeSizwe Party (MKP) and former Judge President of the Western Cape Division of the High Court—to the JSC, despite his impeachment following a JSC finding that he had attempted to influence two Constitutional Court judges in favour of former President Jacob Zuma.

The Court, in a strongly worded judgment delivered on 2 June 2025, agreed with the applicants that the appointment undermined the JSC’s constitutional mandate. The judgment held that Dr Hlophe’s presence “ineluctably undermines the legitimacy of the judicial appointment process” and that the NA’s decision “cannot be said to advance the constitutional purpose of ensuring the appointment of fit and proper candidates to the bench.”

Importantly, the Court also interdicted the National Assembly from designating Dr Hlophe to the JSC in future and awarded punitive costs against both Dr Hlophe and the MKP for their “ongoing efforts to undermine the judiciary.”

The Norton Rose Fulbright South Africa team acted on a pro bono basis for Corruption Watch. The matter was led by senior counsel Geoff Budlender SC, alongside Advocates Pranisha Maharaj-Pillay and Mitchell De Beer.

“This ruling affirms the primacy of the Constitution and the foundational principle that the integrity of the judiciary must be beyond reproach. We are proud to have supported Corruption Watch in this vital matter, which reinforces the rule of law at a critical moment in our democracy,” says Jason Whyte, Social Impact director at Norton Rose Fulbright South Africa.

This outcome highlights the vital role that civil society, supported by the legal profession, plays in safeguarding constitutional democracy.