The uMkhonto weSizwe Party has once again slammed the DA and other anti-black civil organisations for their joint Western Cape High Court application seeking to set aside and reverse the recent appointment of MK leader, Dr John Hlophe to the Judicial Service Commission (JSC).
This comes after the DA lodged an urgent application to interdict Dr Hlophe from participating in the processes of the JSC pending the finalisation of their review of the National Assembly’s decision to appoint him.
On Thursday, the court heard arguments by DA representatives, Freedom Under Law Advocate Wim Trengove, Advocate Max du Plessis for Freedom Under Law as well as as Advocate Dali Mpofu on behalf of the MK Party as they argued against for Dr John Hlophe's designation to the JSC was conducted.
Mpofu was prevented from raising an objection and argued that he had the right to raise it.
“I have never heard of a party that is not allowed to raise an objection. I am raising an objection and I must be allowed to motivate it and if the court dismisses it, that is another matter,” he argued.
Ahead of the court argument, MK Party spokesperson, Nhlamulo Ndhlela slammed the court challenge as frivolous and inspired by racist attitudes.
“This frivolous challenge challenge was brought by various right wing and racist organisations such as the DA, Freedom Under Law and Corruption Watch. The racist vanguard of Afrikaner Settler interests, AfriForum has brought a separate challenge in the Constitutional Court with a clear intention of these organisations being to flood the courts and to waste the resources of the MK Party in an attempt to shift our focus from the task of liberating Africans, the poor and the marginalised,” said Ndhlela.
The DA Federal Chairperson, Helen Zille, together with the DA National Spokesperson, Karabo Khakhau attended the proceedings after the party filed papers in the Western Cape High Court against the decision by the National Assembly to appoint Dr Hlophe to the JSC.
“Our application seeks to interdict Dr Hlophe from taking up his seat on the JSC, pending the outcome of a review to set aside the National Assembly’s decision.
“We argue that it is irrational for the National Assembly to designate a former judge impeached for gross misconduct to serve on the JSC, the body responsible for judicial appointments and discipline,“ Zille said outside court.
Arguing against Dr Hlophe’s recent designation to the JSC, Freedom Under Law’s Advocate Max du Plesiss said Dr Hlophe’s designation was “irrational”.
“The National Assembly's designation of Dr John Hlophe was irrational adding that his presence in the JSC means that the institution won’t be able to appoint fit and proper candidates because he was found to be unsuitable himself.
Advocate Trengove argued on behalf of Freedom Under Law that the proper priority of the Western Cape High Court, would now be to establish how best it can address the issue of illegal designation.
IOL has reported that, Hlophe in his court papers, argues that there is no allegation that he intends to cause any constitutional harm exercising his duties as a member of the National Assembly serving on the JSC.
“It is disingenuous to suggest that Dr Hlophe’s involvement in the JSC will undermine judicial independence. There is no allegation or evidence at all that his involvement in the JSC in the past has undermined judicial independence or weakened the public’s confidence in his ability to perform his duties. In fact, the evidence is that his involvement in the JSC strengthened judicial independence,” court papers stated.
Speaking on behalf of the National Assembly Speaker, Thoko Didiza, Advocate Adila Hassim said it was unprecedented that the House was divided over this matter which in the past has been reached via consensus.
The Star
siyabonga.sithole@inl.co.za