Unlikely that there’ll be repercussions for JSC if it continues work without Hlophe - DA

JOHANNESBURG - The Democratic Alliance (DA) said it was unlikely that there would be any repercussions for the Judicial Service Commission (JSC) if it continues its work without the uMkhonto weSizwe (MK) Party’s John Hlophe.

The MK Party approached the Johannesburg High Court on Friday to interdict next week’s meeting of the JSC while it seeks clarity on Hlophe’s participation.

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Last week, the Western Cape High Court issued an interim order preventing Hlophe from participating in the JSC.

The application was brought by the DA and Freedom Under Law, who argue that Hlophe could not serve on the same body that recommended his impeachment.

The MK Party said there was a risk of all decisions and appointments taken by the JSC in Hlophe’s absence being rendered null and void.

The party has asked the Johannesburg High Court to postpone Monday’s sitting of the JSC while it seeks clarity on Hlophe’s participation.

However, the DA’s legal counsel, Michael Bishop, said there was minimal risk of the JSC’s decisions being overturned because of one member being absent.

"We know from the Cape Bar decision, for example, even if you say the proceedings of the JSC were unlawful, it doesn’t mean the appointments of the judges that followed were unlawful."

Judgment in the matter has been reserved.