JSC sitting won't be tainted by Hlophe's absence

JOHANNESBURG - The Johannesburg High Court has given the green light to the Judicial Service Commission (JSC) to proceed with judges' interviews on Monday, saying the process won't be tainted.

On Saturday, High Court Judge James Wilson dismissed the uMkhonto weSizwe (MK) Party’s application to halt the upcoming meeting of the JSC.

The party wanted the sitting to be postponed while it appealed the Western Cape High Court's decision to prevent its parliamentary leader and impeached Western Cape judge president, John Hlophe, from participating in the JSC.

ALSO READ:

• MK Party disappointed it failed in court bid to halt JSC sitting

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

Between 7 and 16 October, the JSC is expected to interview over 50 candidate judges for a number of vacancies in the country’s courts.

Mk Party spokesperson, Nhlamulo Ndhlela, said that there was still a risk of the entire process being tainted if the organisation was successful in overturning the Western Cape High Court's decision.

"We believe that with the continuation of the sittings, this can only lead to a lot of controversy and potential legal battles going forward, regarding who and what process, we believe, isn’t democratic to selecting judges as it ought to be - selecting them without infringing on participants' rights."

However, in his ruling on Saturday, High Court Judge James Wilson said that the JSC would be properly constituted.

He said that the decision to exclude Hlophe did not undermine the integrity of the other five members designated by the National Assembly to serve on the JSC.

Wilson said that Hlophe was the only designate who was an impeached former judge.