MKP parliamentary leader, Dr. John Hlophe. Picture: Henk Kruger/Independent Newspapers
The uMkhonto weSizwe Party (MKP) says its legal team is studying the decision after the party’s last-minute court bid on Saturday to block Monday’s Judicial Service Commission (JSC) interviews failed.
The party went to court on an urgent basis to prevent the interviews after the Western Cape High Court interdicted its parliamentary leader, John Hlophe, from participating in the interview process.
Hlophe was impeached as a judge in March for gross misconduct. The JSC refused the MKP’s request last week to postpone the interviews. MKP spokesperson Nhlamulo Ndhlela said the party was disappointed with the outcome of the urgent application in the Gauteng High Court, Johannesburg.
“The party applied to court to nullify the irrational decision of the JSC, which has stubbornly refused to postpone the interviews pending various related court processes, so as to avoid the inevitable controversy and cloud which will hang over the judicial appointments made in this round of interviews,” Ndhlela said.
“With this outcome, there will certainly be litigation and everlasting controversy over this round of interviews. The MK Party is studying the judgment and undertaking the necessary legal and political consultations.”
Ndhlela said while the party differed sharply with the judgment, it wanted to commend the “manner in which Judge Wilson conducted the proceedings”.
“Once the consultations are concluded, a more detailed statement giving direction on the way forward will be issued.”
Ndhlela said, however, that the party was pleased that the full court had recognised the urgency of the appeal matter and allocated a hearing date in just three weeks.
“We are eager to proceed so that clarity can be achieved in this pivotal case. The judgment, if left unchallenged, would have a devastating and irreversible impact on the MK Party and Dr Hlophe in the upcoming JSC interviews.
“The MK Party welcomes the full court’s decision to prioritise this case.
We remain confident that leave to appeal will be granted,” Ndhlela said.
The JSC will start interviewing 54 candidates for 26 vacancies over eight days.
In court papers last week, the JSC said the filling of these vacancies was critical.
There are vacancies at the Supreme Court of Appeal (SCA), while the position of judge president of the Western Cape High Court, which the JSC noted has been vacant “for an extended period of time”, and of deputy judge president of the KwaZulu-Natal High Court have been unfilled since June last year.
The JSC was also looking to fill six vacancies in Gauteng.
The Mercury
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