The uMkhonto weSizwe Party (MK Party) is set to file court paperson Wednesday to block the Judicial Service Commission’s (JSC) October 7 sitting following a controversial ruling sidelining Dr John Hlophe.
The move follows the JSC’s decision to proceed with sittings despite the Western Cape High Court’s recent interdiction preventing Hlophe from taking up a seat on the commission.
On Monday, the JSC resolved by a majority vote to decline the MK Party’s request to reschedule the October 7 sitting.
This will see the JSC interview 54 candidates for positions across the Supreme Court of Appeal, the Land Court, the Labour Court, and the Labour Appeals Court.
In a statement on Tuesday, Advocate Sesi Baloyi from the JSC explained: “The JSC met on 30 September and decided by majority vote to decline the request for a postponement for the reason that the JSC is properly constituted because the Court did not set aside the decision of the National Assembly to designate Commissioner Dr Hlophe to the JSC, and he, therefore, remains a duly designated member of the JSC. The judgment also states that the JSC will be able to conduct its business whilst Commissioner Dr Hlophe remains under the interdict order.”
The JSC further argued that applications for leave to appeal the interim interdict do not prevent it from proceeding with the planned interviews.
Reacting to these developments, the MK Party’s spokesperson, Nhlamulo Ndhlela confirmed the party would be urgently filing its papers to force the JSC to reconsider its stance on continuing without Dr Hlophe.
“We intend to file our court papers today on an urgent basis because we want the court to sit on Friday to deliberate on this matter.
“We still contend that the recent decision by the Western Cape High Court was politically motivated as it precluded our representative from taking part in the JSC sitting. This is tantamount to saying we have a substitute and a member of the team that we cannot play. It is rigging of the process. Therefore, as the MK Party, we say the sitting cannot continue,” said Ndhlela.
He further criticised the court’s decision, calling it a case of judicial overreach.
“This decision was politically motivated. Since when have the courts presided on issues on morality and racist parties like the DA take a person to court on morality? This decision was a clear judicial overreaching and nothing more,” he added.
The Star