WC High Court takes dim view of derogatory comments made by MK Party against judiciary

CAPE TOWN - The Western Cape High Court has taken a dim view of derogatory comments made by the MK Party against the judiciary in an appeal application involving its parliamentary leader John Hlophe.

The Court is on Friday hearing an application for leave to appeal a decision by the court in September barring Hlophe from sitting as a Commissioner on the Judicial Service Commission (JSC) - the body that conducts interviews for new judges.

His lawyer, Menzi Simelane, told the court because Hlophe has since resigned as a JSC Commissioner, it does not make the matter moot.

After withdrawing his application for leave to appeal the interdict against him - the court has on Friday been informed that Hlophe is now reinstating the application.

Advocate Simelane says this matter goes beyond Hlophe’s involvement and will affect the MK Party in future sittings of the JSC.

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"What we have at stake is.  in essence, the fact the court encroached on the separation of powers and in doing so not only, we submit, undermined the Constitution but interfered strictly with what is in the purview of another branch of government."

But he was challenged by Judge Selby Baqwa seconded from the Gauteng division to hear this case over remarks made by the MK Party about the September judgement.

In a press statement, the MK Party referred to the September judgment as incompetent, irrational, absurd and blatantly political. This has been raised in an affidavit to the court by Freedom Under Law executive director, Judith February.

"It’s about time, the judiciary, and this court, in particular, reacted to statements that are derogatory of, it when they are made."

Simelane says the statement is the view of the MK Party – and can’t be construed as Hlophe’s utterances.

The hearing continues.