MK Party says blocking Hlophe from sitting in JSC has infringed on its constitutional rights

CAPE TOWN - The uMkhonto weSizwe (MK) Party says by blocking its parliamentary leader from sitting on the Judicial Service Commission (JSC) the Western Cape High Court has infringed on its constitutional rights.

The party and Hlophe were again before the court on Friday to apply for leave to appeal the September ruling.

Meanwhile, the Democratic Alliance (DA), Freedom Under Law and Corruption Watch have all argued the matter is moot and without merit - and preempts the main case which is yet to be heard.

But the MK Party says it will be nominating Hlophe again to represent the main opposition on the JSC - and the court’s ruling has a bearing on future JSC sittings.

MK Party Advocate Dali Mpofu says it’s untrue the National Assembly merely rubberstamped a nomination to designate Hlophe to the JSC.

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For the first time in its history - the house voted on the matter in July.

"This court failed completely and dismally to deal with the alleged Section 19 rights of MK and Dr Hlophe."

But DA Advocate Ismail Jamie says there’s no point in approaching the Supreme Court of Appeal given that Hlophe has since resigned as a JSC Commissioner after it refused to halt its hearings last month.

Besides, Jamie has argued an interim order is not subject to appeal, and the court is also yet to hear the main application of whether the national assembly erred in its decision-making.

"It’s inconceivable that his resignation took place without the concurrence, knowledge, and approval of MK because it undoes what they did, and he presumably acts in accordance with the party’s decision."

The respondents in the matter have also taken exception to what it’s called the contemptuous and scandalous comments made by the MK Party and Hlophe about the judiciary - and say they should not even seek redress from the court.

Judgment has been reserved.