DA MPL struck off by Legal Council serves in legislature

DA MPL Hendriette Van Huyssteen who has been struck off and suspended by the Legal Practice Council serves as the lawmaker in the North West Legislature. l FACEBOOK

DA MPL Hendriette Van Huyssteen who has been struck off and suspended by the Legal Practice Council serves as the lawmaker in the North West Legislature. l FACEBOOK

Published Aug 25, 2024

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DA Member of Provincial Legislature (MPL), Hendriette van Huyssteen, who has been struck off the roll and suspended by the Legal Practice Council (LPC), serves as the lawmaker in the North West Legislature.

Van Huyssteen emerged at number three ahead of many other candidates on the IEC list of the DA in the North West legislature where she has currently served since June 14.

According to records, Van Huyssteen was suspended by the LPC, which is a statutory regulatory body regulating the legal profession. This was for her failure to submit an audit report and practising without a Fidelity Fund Certificate since 2019.

Sources within the DA told the publication that the party was “soft” on whites but dealt harshly with the black members and leaders in the party.

“In the media, we keep hearing about how they don’t want (Busisiwe) Mkhwebane and (John) Hlophe to participate in Parliament as lawmakers, but they don’t hesitate to elevate a white woman despite clear evidence that she is not fit to even be trusted with the responsibility to protect the law as expected from legal practitioner,” said the source.

Approached for comment, Van Huyssteen did not respond to questions from the Sunday Independent.

The DA Chair in the North West as well as the partys’ Federal Chair, Helen Zille, had not responded to questions from the publication.

The LPC confirmed through the national senior administrator, Siviwe Mololi, that Van Huyssteen was struck off and suspended by the body.

“Ms Hendriette van Huyssteen was admitted and enrolled within the North West Division in November 2016.

“Ms Van Huyssteen was suspended on the 2nd of December 2021, and she remains suspended,” Moloi said.

Despite evidence that Van Huyssteen was struck off and suspended by the LPC, the DA, which has always boasted that it only deployed the best-vetted individuals among its ranks, the party in the North West issued a statement welcoming Van Huyssteen in the legislature soon after she was sworn in.

“Van Huyssteen’s oath-taking… symbolised not only her personal dedication to public service, but also the democratic ethos of inclusivity and representation within the North West Provincial Legislature.

“Her role is poised to contribute positively to legislative processes, financial oversight, and the advancement of policies that resonate with the needs and aspirations of communities across Vryburg and the wider province,” read the statement.

Meanwhile, the DA Chief Whip in the National Assembly, George Michalakis, said in June: “It is neither reasonable nor rational to elect the MK party Chief Whip Dr John Hlophe as a representative of the National Assembly on the Judicial Services Commission (JSC) after the DA and the ANC successfully voted to remove Hlophe.

“The first is that it is a matter of public record that Dr Hlophe lost the status as a judge of the High Court in South Africa, as a consequence of a finding of gross misconduct by the Judicial Services Commission.

“The decision to be taken today is furthermore not merely a political decision, but the exercise of a public power aimed at contributing to the establishment of the very same Judicial Services Commission.

“In the circumstances it is a legal requirement of the National Assembly to act in a reasonable and rational manner.

“Even if the majority today holds the view that any person who is fit and proper to be a Member of Parliament is fit and proper to serve on the JSC, it must follow that a large number of applicants to be interviewed by the Judicial Services Commission going forward will object to and apply for the recusal of Dr Hlophe, on the basis that the finding of gross misconduct renders him unfit to serve on a body that is to determine the fitness and propriety of others,” said Michalakis.

However, the DA’s objection was dwarfed by the ANC which supported the MK party’s nomination of Hlophe, because neither the rules of the National Assembly, nor the Constitution, stipulated the qualifications required of an MP to sit on the JSC.

The DA has since approached the court in hopes of stopping Judge Hlophe from participating in the JSC.

National Assembly Speaker Thoko Didiza said she would accept any outcome resulting from the legal battle involving the former judge.

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