Court expected to make ruling on MK Party application to interdict upcoming JSC sitting
The MK Party is seeking a postponement of the sitting while it seeks clarity on whether its parliamentary leader, John Hlophe, can participate.
MK Party parliamentary leader, John Hlophe, in Parliament. Picture: @ParliamentofRSA/X
JOHANNESBURG - The Johannesburg High Court is expected to make a ruling on the uMkhonto weSizwe (MK) Party's application to interdict Monday's sitting of the Judicial Service Commission (JSC).
The MK Party is seeking a postponement of the sitting while it seeks clarity on whether its parliamentary leader, John Hlophe, can participate.
Last week, the Western Cape High Court issued an interim order preventing Hlophe from participating in the JSC.
The application was brought by the Democratic Alliance (DA) and Freedom Under Law, who argue that Hlophe cannot serve on the same body that recommended his impeachment as Judge President earlier in 2024.
Between 7 and 16 October, the JSC is expected to interview over 50 candidate judges for a number of vacancies in the country’s courts.
The MK Party said the JSC risked the entire process being rendered null and void if Hlophe was absent.
Legal representatives for the party said without the full six designates from the National Assembly, the JSC would not be properly constituted.
However, the respondents in the case - which include the JSC, the DA and Freedom Under Law - have all denied this.
They argued the JSC’s decision to exclude Hlophe from the upcoming meeting was guided by the Western Cape High Court ruling, hence its programmes cannot be deemed unlawful even if the ruling is later repealed.
Judgment is expected later on Saturday.