The Judicial Service Commission (JSC) has indicated that the October sitting will proceed without uMkhonto weSizwe’s (MK Party) parliamentary leader, John Hlophe.
This follows a request from the party to reschedule the sitting pending the outcome of a court review application.
MK Party filed an appeal to prevent Hlophe from attending the sitting scheduled for October 7 to 10.
Hlophe was last week interdicted from taking up a seat on the JSC.
The DA had hauled Hlophe, the speaker of the National Assembly, the JSC, and the MK Party to court after he was designated to take up a seat at the JSC, which conducts interviews and disciplinary hearings of judges, among other things.
The Western Cape High Court ordered that the impeached judge Hlophe should not participate in the JSC.
This sitting, after applications by the DA, Corruption Watch, and Freedom Under Law sought his exclusion from the JSC, the same body that found him guilty of gross misconduct.
High court ruling binding
In response to the request, the JSC held an urgent meeting and concluded that it was bound by the judgment and order of the high court from September 27.
“The judgment of the full court did not set aside the decision of the National Assembly to designate Dr Hlophe as a member of the JSC and does not, therefore, impact the composition of the JSC,” states the document.
“The JSC thus remains lawfully composed in terms of Section 178 of the constitution, and there is no violation of Section 178(1)(h).”
It further clarifies that while the court has temporarily barred Hlophe from participating in JSC processes, it expressly found that his absence would not render the JSC’s decisions or processes unlawful.
Nhlamulo Ndlhela, the MK Party spokesperson, indicated in a statement on Monday that the party would pursue legal action should the JSC fail to grant a request for a postponement.
Ndhlela said proceeding with the JSC sitting as it stands could result in additional legal challenges and raise significant concerns regarding the legitimacy of any appointments made by a body lacking a proper constitution.
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