Issued by Daniela Ellerbeck on behalf of the FW de Klerk Foundation on 09/10/2024

The FW de Klerk Foundation notes Dr Hlophe’s resignation from the Judicial Services Commission (“JSC”). The JSC is responsible for advising the President on which judges to appoint (sections 174(4) and 174(6) of the Constitution) and is continuing with its work, despite Dr Hlophe’s resignation. The Judicial Service Commission Act, 1994 states that a vacancy in the JSC shall not affect the validity of its proceedings or decisions.

“Without judges, constitutional rights cannot be protected and no justice can be given,” says Daniela Ellerbeck, an attorney and the FW de Klerk Foundation’s Constitutional Rights Programmes Manager. “South Africa desperately needs judges: Many courts are seeing civil trials and, even worse, criminal trials, being postponed for many years, because there are not enough judges to hear the matters,” explains Ellerbeck.

“The JSC should not be hindered in filling these vacancies. Doing so, only limits access to justice for many. Where political parties allege the JSC is no longer properly constituted in terms of section 178(I)(h) of the Constitution, the Foundation urges them to put their political differences aside and see that a fit and proper candidate replaces Dr Hlophe as soon as possible,” says Christo van der Rheede, the Foundation’s Executive Director.