MK party threatens legal action and mass protest if JSC sitting not postponed

The uMkhonto weSizwe (MK) Party is not backing down from its fight for John Hlophe’s inclusion in the Judicial Service Commission (JSC).

Hlophe was impeached earlier this year after 305 Members of Parliament voted in favour of his impeachment and 27 against it, following a debate riddled with accusations of racism in the judiciary.

His impeachment came after a recommendation of Parliament’s Portfolio Committee on Justice and Correctional Services, following a gross misconduct guilty verdict by the (JSC).

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The JSC found Hlophe had acted improperly when he attempted to sway two Constitutional Court justices in favour of Jacob Zuma.

Hlophe was nominated for a seat on the JSC in July and appointed a week later.

His appointment was without controversy, with Democratic Alliance (DA), Freedom Under Law and Corruption Watch challenging it in the Western Cape High Court.

The parties brought two applications to prevent Hlophe from taking his seat on the JSC and to also review and annul Parliament’s decision to appoint Hlophe.

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The court ruled in their favour. Hlophe has now temporarily been barred from the JSC.

MK party challenges JSC

The MK party is, however, not backing down.

Spokesperson Nhlamulo Ndhlela said the party would urgently apply for leave to appeal the “erroneous and unjustifiable judgment”.

“We are confident that the primary review application, initiated by the DA, Corruption Watch and Freedom Under Law, will ultimately be unsuccessful,” said Ndhlela.

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The JSC will sit from Monday to interview candidates to fill vacancies in the Constitutional Court, Supreme Court of Appeal, Land Court, Labour Court, Labour Appeal Court, and various divisions of the High Court.

According to the Constitution, the National Assembly is required to designate six members to represent the Assembly at the JSC. At least half of the NA members must come from the opposition.

The remaining members are Soviet Lekganyane (ANC), Fasiha Hassan (ANC), Glynnis Breytenbach (DA), Julius Malema (EFF) and Athol Trollip (ActionSA).

JSC’s decision on postponement

With parliament in recess and only set to reconvene on 7 October, the MK party says the review application will not be resolved before next week Monday.

The MK party has instead submitted a formal request to Chief Justice Mandisa Maya to postpone the sitting until the review application is finalised.

“We believe that 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,” said the MK party.

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“Should the JSC fail to do so, the MK party will have no choice but to pursue legal action to interdict the 7 October sitting.

“We are also prepared to mobilise our supporters to demonstrate against the proceedings. We remain hopeful that such steps will not be necessary, provided the JSC makes the correct decision to postpone.”