Just a view

I am said to be and to always have been contrarian. I disagree. However, considering whence this appellation comes, I shall revel in it. It could not have been said to me by a more contrarian individual. I am mirthly reminded of George Carlin’s take on human beings. He says they are great, one on one; once they get into a group, they become a tribe and, well it’s all downhill from there. In the Carlin sense, perhaps contrarian is not such a bad thing. I also read somewhere that, “if everyone thinks the same, and then no one thinks“ or somesuch like. 

Take our opinion makers, on and off twitter. How much of our views, on anything and anyone, are in fact, our views? How much are these views formed and packaged for us? Ok, let’s take the views on our members of parliament.

The prevalent view is that Dr John Mandlakayise Hlophe, should not be a member of the Judicial Service Commission. I use “prevalent” with trepidation. What with this view being expressed by the likes of the Daily Maverick and by Mr Barney Mthombothi, no less. 

Afriforum, generally referred to as a civil rights organization, does not only hold this view, it has made an application to the Constitutional Court, to enforce it. The Democratic Alliance agrees. There it is, prevalent.

I am here, reminded of the Monty Python skit. The one where there are several rooms, in one of the rooms, you could pay to have an argument. Well, it is a long time ago and a long story, but I do remember – “an argument is a series of statements, meant to establish a proposition” or some such like.

Mr Mthombothi sommer starts with a proposition. The appointment of Dr Hlophe to the Judicial Service Commission, is a bad and scandalous idea. He implores the apex court to save us from all of this. He also lauds Afriforum for the civic duty, and so on and so forth and stuff like that.

I am a little at a loss on this issue of Dr John Mandlakayise Hlophe. Here are a few things that boggle the tortured mind:

1.     The good Dr is a member of the national assembly.

2.     The Judicial Service Commission is made up of 23 members.

3.     6 of the members are appointed from the National Assembly, 3 of whom must be from the opposition party(ies).

You will remember that the honourable Julius Malema was/is a member of the Judicial Service Commission, at least from the previous administration. You will, no doubt, also remember how he made his voice heard during some of the proceedings. Anecdotally, Mpofu SC was also a member of that august, never to be tainted institution. Mpofu SC, a member and leader of the EFF, a senior member of the bar, a lawyer of the EFF, Public Protector, and so on and so forth. 

The good Dr is also an impeached Judge. The prevalent view is that the good Dr should not be a member of the JSC. The Daily Maverick article says something to the effect that the good Doctor will be part of the very body that found him guilty of impeachable misconduct. This is however not the whole story. The part of the Judicial Service Commission that deals with the conduct of the judges, is made up, only of judges. In the good Dr’s current status, he can’t be in that room. He will however, barring the apex court rescuing us, be in that room that Julius set aflame.

This part of the commission, interviews, sometimes even disparages and ultimately recommends candidates to the president for appointment as judges. This is where the good Dr is one of 23, all brought to heel by the indomitable Maya CJ. 

So far, these here ramblings, have been about why the good Dr should not be in these spaces. The opinion under law may suggest that he can and should. Here is the thing, anyone eligible to vote, is eligible for election to the National Assembly. Once in the National Assembly, the good Dr then hitches a ride to the JSC, thanks to the voting members of the very National Assembly.

So, why is it so objectionable that the good Dr be a member of the Judicial Service Commission? Objected to by, such held in high regard commentators? Is it, perhaps, time to change the law, to suit the facts? Just a view.