High Court hears excluding Hlophe from JSC sitting ‘unconstitutional’
The uMkhonto weSizwe Party on Friday told the High Court in Johannesburg that excluding John Hlophe from the Judicial Service Commission’s sitting would be unconstitutional.
The party is seeking an urgent interdict to stop the JSC from meeting next week.
The commission has refused to postpone the meeting, meant to interview candidates for various judicial vacancies, claiming Hlophe's absence won’t affect its operations.
Hlophe, the MK Party’s deputy president, has been designated by the National Assembly as one of the six members to sit on the JSC.
The DA approached the courts, arguing that it was irrational for Hlophe to serve on a body that interviews judges for vacancies and disciplines members of the judiciary.
Parliament impeached the former Western Cape Judge President in February after the Judicial Service Commission found him guilty of gross misconduct.
The charge stemmed from his attempt in 2008 to influence two Constitutional Court judges to rule in favour of former president Jacob Zuma in his arms deal corruption case
The MK Party's legal representative, Advocate Dali Mpofu, insisted that the case if not about the impact of Hlophe absence on the JSC’s quorum, but rather the proper constitution of the body.
The court resumes on Friday afternoon.
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