The Judicial Service Commission (JSC) has decided to proceed with its October sitting, despite threats of legal action from the uMkhonto weSizwe Party (MKP).
This decision follows an interim interdict issued by the Western Cape High Court last week, preventing MKP’s parliamentary leader, Dr John Hlophe who was formerly a judge and impeached for gross misconduct from participating in upcoming JSC sittings.
The MKP argued that, due to the interdict against Hlophe, the JSC is not properly constituted as required by Section 178 of the Constitution.
They asserted that any decisions made during the upcoming interviews would therefore be unlawful and invalid.
“Postponement is the only practical and constitutionally sound solution to this crisis,” said MKP spokesperson Nhlamulo Ndhlela.
“Proceeding under the current composition could lead to further legal challenges and cast doubt on the legitimacy of any appointments made by an improperly constituted JSC.”
On Monday, IOL reported that the MKP would formally request Chief Justice Mandisa Maya, in her capacity as chairperson of the JSC, to postpone the sitting.
In response, Justice Maya informed the MKP on Tuesday that the JSC had convened urgently to review the party's request and decided to move forward with the sitting, affirming that it is obligated to adhere to the judgment and order of the Western Cape High Court.
Justice Maya clarified that the high court's ruling did not annul the National Assembly's decision to appoint Hlophe to the JSC, nor did it affect the JSC's composition.
Furthermore, the JSC convened on Monday and, by majority vote, decided to decline the request for postponement.
The JSC also noted that it is properly constituted since the court did not overturn the National Assembly's decision to designate Hlophe, stating, “He remains a duly designated member of the JSC.”
The JSC added that the judgment further clarifies that it can continue its operations while Hlophe is under the interdict order.
The JSC interviews will proceed without Hlophe as scheduled from October 7 to 11.
IOL Politics