The MK Party will not be nominating any of its MPs to replace former Western Cape High Court judge president Dr John Hlophe at the Judicial Service Commission (JSC).
On Monday, the party headed by former president Jacob Zuma withdrew Hlophe’s nomination from the JSC. This was following intense court battles that saw him lose an urgent court interdict application against it at the weekend.
The JSC, now a member short, will have to make do with only 22 out of its 23 constitutionally mandated members.
DA lodged court action against Hlophe’s admission
The DA has been against Hlophe taking up a seat in the JSC. It claimed that it was a mistake for Parliament to allow the specific nomination from the MK Party.
More than a week ago, the Western Cape High Court declared that Hlophe could not assume his position on the JSC.
This decision was made in response to applications filed by Freedom Under Law, Corruption Watch, and the DA. All of whom contended that a judge who had been impeached should not be a member of the committee that chooses judges.
“We are not going to legitimise the JSC. MK will not take part in that thing. This is a clear example of judicial overreach. If someone is allowed to be an MP, for starters, then like any other person, they could be deployed to the JSC. It is a parliamentary decision,” said a high-ranking source within the main opposition.
MK party aggrieved
“It just escapes logic. But witnessing the game that is being played at that level, the MK will not replace him with anybody. The JSC can continue doing what they want. It is a correct decision for him to resign and let the JSC do their own thing. We know that we are dealing with a judiciary that is captured anyway. So they can go ahead and do what they want,” the person added.
The MK Party had argued in court that how Parliament filled the JSC posts was the choice of MPs.
“We have taken a principled position. To say if this is how they want to do things without independence and encroaching on the rights and privileges of Parliament. You are actually undermining… It is a very dangerous precedent that they have actually laid,” said the source.
The MK Party and its parliamentary leader and deputy president applied to the Johannesburg High Court. They were attempting to postpone the JSC meeting and interviews. This saw the meeting and interviews for vacant positions for judges kicked off on Monday. It went on without Hlophe after the court application failed.
The urgent court application came after the JSC rejected the MK Party’s request to postpone the October sitting. The JSC stated that the interviews could take place without Hlophe.
Composition of the JSC
It advises the national government on any matters relating to the judiciary or administration of justice. Additionally, it performs various functions. These are interviewing candidates for judicial posts, making recommendations for appointment to the bench; and dealing with complaints brought against judges.
The composition of JSC members includes the Chief Justice of the Republic of South Africa, who is the Chairperson of the JSC. The President of the Supreme Court of Appeal, a Judge President and the Minister of Justice and Constitutional Development. Two practicing advocates, two practicing attorneys and a professor of law. Six persons designated by the National Assembly, four permanent delegates to the National Council of Provinces. And four persons designated by the president.
