MK Party files urgent court application to stop next week's JSC sitting
On Friday, the Western Cape High Court interdicted the attendance of its Parliamentary leader, John Hlophe, from participating in the work of the commission, until his designation by the National Assembly is subjected to judicial review.
FILE: Former Western Cape Judge President John Hlophe. Picture: judgesmatter.co.za
CAPE TOWN - The uMkhonto weSizwe (MK) Party says it’s filed an urgent application in the Johannesburg High Court on Wednesday, to stop next week’s sitting of the Judicial Service Commission (JSC).
On Friday, the Western Cape High Court interdicted the attendance of its Parliamentary leader, John Hlophe, from participating in the work of the commission, until his designation by the National Assembly is subjected to judicial review.
On Monday, the JSC refused a request by the party to halt plans to interview for positions in the country’s courts, saying Hlophe’s absence would not impact the constitution of the body to do its work.
The MK Party says the JSC’s decision not to postpone its interviews due to start on Monday, is unconstitutional.
It said it made the request in good faith, and to avoid litigation.
On the JSC’s agenda is interviewing over 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 in February.
The MK Party insists without Hlophe to represent the opposition in Parliament, the JSC will be improperly constituted in composition rather than in number.
The Constitution requires at least three of the National Assembly’s six designated members to represent opposition parties.
The party said it would continue to take legal steps to stop next week’s interviews until such time as the high court has reviewed Hlophe’s designation to the body.
Last week, the High Court found the National Assembly had failed to use its discretion in approving Hlophe’s nomination when the speaker argued Hlophe met the criteria.
The MK Party has asked the Gauteng High Court for its urgent application against the JSC to be heard on Friday.