Next week’s Judicial Service Commission (JSC) sitting set for October 7 hangs in the balance after the uMkhonto weSizwe Party (MKP) revealed that it intends to appeal against last Friday’s Western Cape High Court ruling which temporarily barred the party’s deputy president and MP, Dr John Hlophe, from taking part in the JSC.
On Friday, following recent applications by the DA, Freedom Under Law and other civil society organisations to set aside Hlophe’s recent designation to the JSC, Judge Johannes Daffue and others interdicted Hlophe from taking part in any JSC activities until such time Parliament makes a determination.
On Monday, MKP spokesperson Nhlamulo Ndhlela indicated that the party has taken a decision to “urgently apply for leave to appeal the erroneous court decision which the party has described as being political”.
Ndhlela said the party will also request postponements of JSC sittings until the matter is resolved.
“uMkhonto weSizwe Party has resolved to urgently apply for leave to appeal the erroneous and unjustifiable judgment handed down by the Honourable Judge Baqwa and others, which interdicts the leader of the opposition, Dr Mandlakayise Hlophe, from attending the upcoming sitting of the JSC scheduled for Monday, October 7, 2024.
“We are confident that this judgment will be overturned on appeal and the primary review application, initiated by the DA and Western-sponsored so-called civic organisations like Corruption Watch and Freedom Under Law, will ultimately be unsuccessful,” Ndhlela said.
Hlophe, who was impeached by the very same institution for alleged gross judicial misconduct, was elected to the JSC on July 9, after joining the MK Party weeks earlier.
Since then, the DA and other stakeholders have approached the courts to have his designation set aside.
Reacting to the ruling and its consequences in rendering the JSC unstable, spokesperson for Activists and Citizens Forum (ACF), Dennis Bloem, said the JSC must never be politicised as politics had no place in the judiciary.
“The judiciary must at all times be independent. It is very urgent that Parliament must review the law that allows Members of Parliament to sit on the JSC,” Bloem said yesterday.
Ndhlela said the recent ruling comes at a time that South Africa has been plunged into a constitutional crisis.
“This High Court ruling has precipitated a significant constitutional crisis, as the JSC is now improperly constituted.
“The delegation from the National Assembly has been reduced to five members, resulting in an imbalance that favours the ruling bloc over the opposition ...
“In light of these circumstances, and the improbability of the review application being resolved before net week’s JSC sitting, the MKP has submitted a formal request to the Chief Justice, in her capacity as chairperson of the JSC, to postpone the sitting until the review application is finalised.
“We believe that this postponement is the only practical and constitutionally sound solution to this crisis.
“Any decision to proceed with the JSC under its current composition would likely trigger further legal challenges and raise serious concerns about the legitimacy of any appointments made by an improperly constituted body,” the party said.
The Star
siyabonga.sithole@inl.co.za