MK Party wants JSC sitting postponed to clarify whether Hlophe can participate
The Western Cape High Court recently made an interim ruling that prevented the impeached judge president from serving on the JSC.
FILE: MK Party chief whip John Hlophe speaks to the media after being sworn in as an MP on 25 June 2024. Picture: Lindsay Dentlinger/Eyewitness News
JOHANNESBURG - The uMkhonto weSizwe (MK) Party wants next week’s Judicial Service Commission (JSC) sitting postponed for a few months to clarify whether John Hlophe can participate.
The Western Cape High Court recently made an interim ruling that prevented the impeached judge president from serving on the JSC.
The application was brought by the Democratic Alliance (DA) and Freedom Under Law who say Hlophe cannot serve on the same panel that impeached him.
On Friday, the Johannesburg High Court is hearing an application by the MK Party to halt the upcoming meeting of the JSC.
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Between the 7th and 16th of October – the JSC is expected to meet for a marathon round of interviews for 54 candidate judges shortlisted to fill vacancies in the country’s courts.
Legal representative for the MK Party Dali Mpofu said the meeting cannot proceed until Hlophe’s appeal of the Western Cape High Court ruling is concluded.
“We accept for the avoidance of any doubt – if anybody wants to accuse us of saying the absence of Dr Hlophe is going to affect the quorum of the JSC. Well, I am saying here loud and clear no. What is affected is the proper constitution of the body.”
Mpofu said if the meeting goes ahead, the JSC could face a mountain of litigation for making decisions while all court processes have not been finalised.
Meanwhile, the JSC believes the absence of Hlophe will not affect its processes.
MK Party legal representatives argued that decisions taken by the JSC during Hlophe’s absence could be tainted since the party is still in the process of appealing the Western Cape High Court ruling.
However, a representative of the JSC - Ngwako Maenetje - said the commission's programmes needn't be postponed.
“The absence of a JSC member does not invalidate the proceedings of the JSC and its decisions and that’s where we turn to the relevant judgements because they make it clear that only when the absence lacks proper justification, there might be a nullification of JSC proceedings and decisions. But where there is proper justification there isn’t.”
Maenetje said the JSC is justified to continue without Hlophe since its decision is based on a court ruling.