MK party disappointed JSC interviews happening ‘under dark cloud of exclusion’

The uMkhonto weSizwe (MK) Party has expressed its “disappointment” at the Johannesburg High Court’s decision to give the Judicial Service Commission (JSC) the green light to proceed with judges’ interviews without John Hlophe.

On Saturday, High Court Judge James Wilson dismissed the MK party’s application to halt the upcoming meeting of the JSC, saying that the process won’t be tainted.

“An irrational decision 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,” Wilson said.

MK party ‘disappointed’

The MK party challenged the JSC’s decision not to accept its request to postpone the interviews scheduled to be held from 7 to 16 October.

Former president Jacob Zuma’s party wanted the sitting to be postponed while it appealed the Western Cape High Court’s decision to prevent Hlophe, the party’s parliamentary leader and impeached Western Cape Judge President, from participating in the JSC.

MK party spokesperson Nhlamulo Ndhlela said the party is disappointed with the outcome of the urgent application in the Johannesburg High Court.

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“The MK Party applied to court to nullify the irrational decision of the JSC which has stubbornly refused to postpone next week’s interview, 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.

“With this outcome, there will certainly be litigation and everlasting controversy over this round of interviews,” Ndhlela said.

Studying judgement

Ndhlela said the MK party is studying the judgment and undertaking the necessary “legal and political consultations.”

“It is regrettable that these interviews are now happening under a dark cloud of exclusion tantamount to the DNA of the so called GNU. We remain steadfast in pursuing all legal remedies available to us and will delay any protest action until a future date,” Ndhlela said.

Ndhlela has also called on party members and supporters not to proceed with the planned protest on Monday until further notice

“We are confident that the legal route will serve our objectives at this stage, therefore we are calling for calm and patience as we continue to challenge Dr. Hlope and MK Party’s exclusion through the courts. When the time comes we will issue a clarion call for mass protest action.”

The JSC will interview candidates nominated for positions in the various Superior Courts from 7-16 October 2024.

Additional reporting by Molefe Seeletsa

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