By Sihle Mavuso
The Umkhonto weSizwe (MK) party wants the Judicial Services Commission (JSC) to postpone its October 7-11 meeting until John Hlophe’s case is resolved.
On Friday, the Western Cape High Court barred Hlophe from attending the meeting until his case is fully heard.
This occurred after the DA and others challenged Hlophe’s inclusion because he had been impeached as a judge.
The MK party is unhappy with this decision, arguing that the JSC will not have enough members to function effectively without Hlophe.
In an urgent letter to JSC Chair Chief Justice Mandisa Maya, KMNS attorneys wrote on behalf of the MK party: “In our considered opinion, the automatic effect of the interdict will be to render the JSC improperly constituted, specifically because Section 178 stipulates the composition of the JSC in peremptory terms. Each of the 23 seats is carefully balanced and weighted to achieve a specific constitutional purpose.”
“It is also unlikely that any new designation can be processed, scheduled, and effected in time, even if it were legally competent to do so, which we still deny,” they added.
Maya must respond by Tuesday, 1 October. The MK party has indicated that it may go to court to stop the meeting.
The letter also stated that both the party and Hlophe would appeal the court’s decision.
Pictured above: The MK party.
Source: File
