The Democratic Alliance (DA) says by dismissing uMkhonto weSizwe (MK) Party’s attempts to delay the Judicial Service Commission (JSC) interviews, the Gauteng High Court in Johannesburg has ensured that the process of selecting new judges can proceed without interference from individuals who have been found guilty of gross misconduct.
The MK Party launched an urgent court bid to interdict the JSC sittingon Monday, 7 October after its member of Parliament John Hlophe was barred from partaking in its activities. The party wanted the week-long sitting to be declared unconstitutional.
HIGH COURT DISMISSES MK PARTY’S COURT BID TO INTERDICT JSC SITTING OVER HLOPHE’S OUSTING
Following Hlophe’s exclusion, the MK Party confirmed that it had written to chief justice Mandisa Maya in her capacity as JSC chairpersonrequesting that next week’s interviews be postponed pending the outcome of the party’s appeal against the Western Cape High Court decision barring Hlophe.
The JSC did not accede the party’s request and said that next week’s sitting will go ahead as scheduled.
The matter was heard on Friday, 4 October and in the judgement handed down on Saturday, 5 October, judge Stuart Wilson said his conclusion on the final declaratory relief sought entails the proposition that there is no prima facie basis on which to assail the rationality of the JSC’s decision for the purposes of obtaining interim relief.
“What remains are the threats to the applicants’ rights said to be embodied in the JSC’s decision to
proceed with its October 2024 sitting. The threat to rights Mr. Mpofu identified the continuation of the JSC’s work without one of its democratically elected designees being able to participate in it. This was said to limit the suite of political rights guaranteed in section 19 of the Constitution.”
DA WELCOMES RULING
DA spokesperson Karabo Khakhau said the party remains resolute in defending the independence of the judiciary.
Khakhau said allowing individuals like Hlophe, who has been impeached, to influence the selection of future judges would pose a grave threat to the public’s trust in our legal system and the rule of law.
“Today’s decision reaffirms that accountability and ethical conduct are non-negotiable pillars of our democracy. We are pleased with the court’s confirmation that the JSC is properly constituted to carry out its important role in safeguarding the integrity of our judiciary,” Khakhau said.
WHAT DO YOU THINK IT’S FAIR FOR THE JSC TO CONTINUE WITH THE SITTING WITHOUT MK PARTY’S JOHN HLOPHE?
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