The Jacob Zuma-led MK Party (MKP) said it filed an urgent application in the Johannesburg High Court on Wednesday, to stop Monday’s sitting of the Judicial Service Commission (JSC).
Last week, the high court interdicted the MKP’s parliamentary leader John Hlophe, who was formerly a judge and impeached for gross misconduct, from participating in upcoming JSC processes, and said in its judgment the JSC would continue to function in his absence.
On Monday the MKP wrote to the JSC chairperson, Chief Justice Mandisa Maya, with an urgent request to postpone the interviews, stating that the JSC would not be properly constituted without Hlophe.
Maya sent a letter to the MKP on Tuesday, saying the JSC had met urgently to consider the party’s request and had resolved to proceed with the sitting, saying the JSC considered itself bound by the judgment and order of the Western Cape High Court.
The Chief Justice said the high court’s judgment did not set aside the National Assembly’s decision to designate Hlophe to the JSC and did not impact the composition of the JSC.
The MK Party said the JSC’s decision not to postpone its interviews is unconstitutional.
Monday’s interview process relates to 50 candidates for the bench in various courts, including a replacement for Hlophe in the Western Cape, where he was the country’s longest-serving judge president before his impeachment earlier this year.
The MK Party has asked the Gauteng High Court for its urgent application against the JSC to be heard on Friday.
Mzwanele Manyi, the MK Party’s chief whip, said that by refusing to postpone next week’s interviews, the JSC was violating both the party and Hlophe's rights to participate in proceedings.
Manyi argued in court papers that Hlophe's absence would cause an imbalance between ruling party members and the opposition.
The MKP in a statement said that it did not agree with the JSC's view that Hlophe's absence would not disturb the impact of its decision-making.
The Mercury