JSC refuses MK Party's request to postpone sitting to interview judges

JOHANNESBURG - The Judicial Service Commission (JSC) has refused a request by the MK Party to postpone its next sitting to interview judges.

The Western Cape High Court has barred MK Party parliamentary leader, John Hlophe, from participating in sittings of the JSC.

The party wrote to Chief Justice Mandisa Maya to halt the interviews scheduled for next Monday.

The MK Party's request for a postponement is based on its understanding that without Hlophe, the JSC is not properly constituted as required by the Constitution and any decision it will make will be unlawful and invalid.

But the commission met on Monday and decided by majority to decline the MK Party’s request, saying the JSC would in fact be properly constituted because the High Court did not set aside the decision by the National Assembly to designate Hlophe to the JSC and as a result, he remains a member.

It also said that applications for leave to appeal the interim interdict order by the Western Cape High Court do not preclude it from proceeding with the interviews as scheduled.

Fifty-four shortlisted candidates will be interviewed from Monday for posts in the Supreme Court, the Land Court, the Labour Appeal Court and various divisions of the High Court.