Dr John Hlophe has been interdicted from taking part in the JSC. Picture: Armand Hough/Independent Newspapers
The South Gauteng High Court has dismissed the MK Party’s bid to halt Judicial Services Commission (JSC) interviews, ruling the interviews would go on without Dr John Hlophe.
The uMkhonto Wesizwe Party (MKP) approached the court this week on an urgent basis in a bid to halt the proceedings, which are scheduled to take place between Monday and Thursday at The Maslow Hotel in Sandton, and between October 14-16, at the NH Hotel (formerly the Hilton Hotel), also in Sandton.
The JSC is interviewing a number of candidates for positions at the high courts.
Judge Stuart Wilson dismissed the MKP’s urgent bid and ordered each party to pay their own costs.
Last week, the Western Cape High Court interdicted Hlophe from taking part in any JSC activities after the Democratic Alliance, Corruption Watch and Freedom Under Law (FUL) each applied to have Hlophe recused from the JSC separately.
Hlophe was impeached as a judge for gross misconduct in February this year.
He was then named among MKP MPs and appointed as Parliamentary leader for the party after the elections, with the party nominating him to serve in the JSC in July .
In Wilson's order, he said he could not conclude that the decision to interdict Hlophe from partaking in JSC activities was irrational.
“I cannot say that this position is irrational. An irrational decision is one that lacks any connection to a lawful reason or purpose - one that is based on a brute preference; that is taken on a whim; or that is so tainted by bad reasons as to be unconnected to any good ones. The JSC's position exhibits none of these attributes,” said Wilson.
He said the JSC was correct to conclude that it continue with its work in the absence of Hlophe.
The JSC was established as a constitutional body to select fit and proper persons for appointment as judges and to investigate complaints about judicial officers.
The JSC comprises of the Chief Justice Mandisa Maya as chairperson, SCA President Mahube Betty Molemela, Gauteng Judge President Dunstan Mlambo, Justice Minister Thembi Simelane, two practicing advocates: Adv. K Pillay SC Adv. J Cane SC, two practicing attorneys: Mr M Notyesi and Mr M Mangena, professor of law: Professor C Marumoagae, six persons designated by the National Assembly: Mr M S Lekganyane, MP, Ms F Hassan, MP, Adv. G Breytenbach, MP, Dr. M J Hlophe, MP, Mr J S Malema, MP and Mr R A P Trollip, MP.
There are also four permanent delegates to the National Council of Provinces: Ms R Mtshweni-Tsipane, MP Adv. I M Nonkonyane, MP Mr K E Mmoiemang, MP Mr N Gotsell, MP, while there are another four persons designated by the President: Ms S Matolo-Dlepu, Adv. T Ngcukaitobi SC, Ms N Shabangu-Mndawe and Adv. S Baloyi SC.
The JSC is also tasked with advising government on any matters relating to the judiciary or to the administration of justice.
In terms of the law, the President of the Republic, in consultation with the JSC, appoints the chief justice, deputy chief justice, as well as the president and deputy president of the Supreme Court of Appeals. Political party leaders may be consulted for the appointment of chief justice and deputy chief justice.
According to a statement on the SA Judiciary website, judges are appointed by the president, on the advice of the JSC.
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