MKP files application to interdict JSC sitting
The Umkhonto weSizwe Party on Wednesday filed an urgent application seeking to interdict the Judicial Service Commission's scheduled interviews of judges over the exclusion of MK MP John Hlophe
This follows the Western Cape high court's decision to temporarily suspend MK Party JSC candidate John Hlophe from sitting on the interview panel due to his impeachment by the same commission.
Hlophe is barred from participating in the interviews pending the finalisation of the review of the National Assembly's decision to designate him as a member of the JSC.
This after the Umkhonto weSizwe Party wrote to the Chief Justice requesting a postponement of the interviews for judicial candidates.
MK party spokesperson Nhlamulo Ndlela said JSC’s refusal to postpone next week’s interviews is unconstitutional.
"The JSC has confirmed that Dr Hlophe remains a member of the JSC, representing the National Assembly delegation of six members. According to the Constitution, at least three of these six members, or 50%, must come from opposition parties. Dr Hlophe is the Leader of the Opposition.
"Without his participation, the JSC would be improperly constituted—not as a matter of quorum, but of composition. There is no legal mechanism to remove Dr Hlophe from the JSC between now and next Monday or at any other time unless a review court issues an order to that effect," he added.
The case is expected to be heard in the Johannesburg High Court on Friday.
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