UMkhonto weSizwe (MK) Party has launched an urgent court bid to interdict the Judicial Service Commission (JSC) sitting on Monday, 7 October after its member of Parliament John Hlophe was barred from partaking in JSC activities.
The Democratic Alliance (DA) challenged Hlophe’s appointment to serve on the JSC and last Friday, the Western Cape High Court barred its former president Hlophe from partaking in JSC activities including the upcoming interviews.
MK PARTY WANTS TO INTERDICT JSC SITTING
As previously reported, The DA’s application was two-fold. In the first part, the party sought to urgently interdict John Hlophe from taking up a seat in the JSC, pending the outcome of the second part, in which they seek to review and set aside the decision by the National Assembly to designate him as one of the parliamentary representatives to the JSC.
Following Hlophe’s exclusion, the MK Party confirmed that it had written to chief justice Mandisa Maya in her capacity as JSC chairperson requesting that next week’s interviews be postponed pending the outcome of the party’s appeal against the Western Cape High Court decision barring Hlophe.
The JSC did not accede the party’s request and said that next week’s sitting will go ahead as scheduled.
The Jacob Zuma-led party confirmed that it filed urgent court papers on Wednesday, 2 October. The party wants the week-long sitting to be declared unconstitutional and the matter will be heard at the Gauteng High Court in Johannesburg on Friday, 4 October.
MK Party spokesperson Nhlamulo Ndhlela said the JSC confirmed that Hlophe is still a member representing the National Assembly delegation of six members.
Ndhlela said without Hlophe, the JSC would be improperly constituted not as a matter of quorum but in terms of composition as at least 50% of the six members must be from opposition and the Hlophe is the leader of the opposition.
“There is no legal mechanism to remove Hlophe from the JSC between now and next Monday, or at any other time unless a review court issues an order to that effect,” Ndhlela said.
DO YOU THINK THE MK PARTY WILL SUCCEED IN ITS COURT BID TO POSTPONE THE JSC INTERVIEWS?
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