UMkhonto weSizwe (MK) Party says it will appeal the Western Cape High Court ruling that barred its member of Parliament and impeached judge John Hlophe from partaking in Judicial Service Commission (JSC) activities.
The Democratic Alliance (DA) challenged Hlophe’s appointment to serve in the JSC saying it is irrational for the National Assembly to have the same person impeached represent it on the JSC, which is the body responsible for nominating judges to appointment and disciplining judges.
MK PARTY TO PROTEST OVER HLOPHE’S EXCLUSION FROM JSC?
As it stands, the National Assembly delegation in the JSC has been reduced to five members, resulting in an imbalance.
The Zuma-led party said the imbalance favours the ruling bloc over the opposition and this violates the constitutional requirement that the opposition must make up at least 50% of the National Assembly’s delegation to the JSC.
The next JSC sitting is scheduled for Monday, 7 October and the MK Party has written to chief justice Mandisa Maya to postpone the sitting pending the outcome of the appeal.
MK Party spokesperson Nhlamulo Ndhlela said they believe the postponing the sitting is the only practical and constitutionally sound solution to the crisis.
“Any decision to proceed with the JSC under its current composition would likely trigger further legal challenges and raise serious concerns about the legitimacy of any appointments made by an improperly constituted body,” Ndhlela said.
Further, Ndhlela said should their request for a postponement not be granted they would have no choice but to pursue legal action to interdict the JSC sitting scheduled for 7 October.
“We are prepared to mobilise our supporters, allies, and all freedom-loving South Africans to demonstrate against the proceedings. We remain hopeful that such steps will not be necessary, provided the JSC makes the correct decision to postpone,” he added.
DO YOU THINK JOHN HLOPHE SHOULD SIT ON THE JSC?
Let us know by clicking on the comment tab below this article or by emailing info@thesouthafrican.com or sending a WhatsApp to 060 011 021 1. You can also follow @TheSAnews on X and The South African on Facebook for the latest news.
