The uMkhonto weSizwe Party (MK Party) has launched an urgent legal challenge against the Judicial Service Commission (JSC), seeking to prevent next week’s interviews.
Citing constitutional concerns and the controversial exclusion of Dr John Hlophe, the MK Party’s move could potentially derail the selection process for key judicial positions.
On Wednesday, in a statement following its urgent application before the Gauteng High Court, Johannesburg, the MK Party confirmed that it has filed an application to interdict next week’s sitting of the JSC while also seeking to deem the recent Western Cape High Court irrational and invalid.
The JSC is expected to begin its interviews on October 7, where more than 54 candidates will go through the processes to fill various vacancies in the Labour Court, the Supreme Court, and other courts.
“It is ordered that this application be dealt with as urgent and that the applicant’s failure to comply with the uniform rules of court and practice manila be condoned in terms of rule 6(12).
“It is declared that the conduct and/or decision of the JSC to refuse the postponement of this sitting scheduled for October 7 to 11 is irrational, unlawful and/or unconstitutional,” the party said in its court application.
In a statement issued after the application, party spokesperson, Nhlamulo Ndhlela, said the application was made in good faith as a way to avoid litigation, not only by the MK Party but potentially by other unsuccessful candidates who may face an unlawful process.
“Unfortunately, the JSC has disregarded this request. The reasoning offered by the JSC for proceeding is entirely unfounded, and a postponement would have prevented the current constitutional crisis,” Ndhlela said.
The JSC has confirmed that Dr Hlophe remains its member, representing the National Assembly delegation of six members.
Ndhlela added that there was no legal standing for the JSC to prevent him from taking part in the interviews.
“There is no legal mechanism to remove Dr Hlophe from the JSC between now and next Monday, or at any other time, unless a review court issues an order to that effect.
“As such, the MK Party will continue to act within the law to ensure that these interviews do not proceed until the primary review has been finalised,” he added.
the Gauteng High Court, Johannesburg, is set to hear the matter on Friday at 10am.
The Star