JSC acted rationally by not postponing sitting due to Hlophe's absence, says court

JOHANNESBURG - The Johannesburg High Court said that the Judicial Service Commission (JSC) acted rationally by not postponing its Monday sitting due to the absence of MK Party parliamentary leader, John Hlophe. 

In a ruling handed down on Saturday, High Court Judge David Wilson dismissed the MK Party’s application to have the upcoming JSC meeting postponed. 

Last week, the Western Cape High Court issued a ruling that prevented Hlophe from participating in the JSC. 

It came after the Democratic Alliance (DA) and Freedom Under Law filed an application arguing that Hlophe could not serve on the same body that recommended his impeachment as Western Cape judge president earlier this year.

Following the Western Cape High Court's ruling, the MK Party filed an application to appeal. 

The party argued since it was in the process of appealing the ruling, the JSC could not proceed with its business until the appeal had been finalised. 

However, the JSC said that the Western Cape High Court's ruling was interlocutory in nature, meaning the order doesn't get suspended because there is an application to appeal. 

High Court Judge David Wilson said that the JSC acted rationally by not postponing Monday's sitting. 

Wilson said that the decision by the JSC to proceed without Hlophe was justified and did not infringe on him and his party’s constitutional rights.

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