The MK Party has decided not to go ahead with planned protests over the Judicial Service Commission (JSC) interviews this week.
The decision follows the party’s and impeached judge John Hlophe’s unsuccessful attempt to postpone the interviews, which are scheduled to start on Monday, pending a decision regarding Hlophe’s position.
The JSC, in the absence of Hlophe, is scheduled to interview candidates for positions in the Supreme Court of Appeal, Land Court, Labour Court, and Labour Appeal Court, among other divisions of the high court.
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.
Planned picket cancelled
MK Party spokesperson Nhlamulo Ndhlela called the decision to exclude Hlophe from the interviews unfair, but he also asked party members to postpone the planned picket until later.
Ndhlela emphasised the importance of maintaining composure and peace during this period and stated that the MK Party would continue to pursue the issue through the legal system.
Mass protests, in his opinion, will be possible in the future.
“It is regrettable that these interviews are now happening under a dark cloud of exclusion tantamount to the DNA of the so-called GNU [government of national unity],” Ndhlela said.
“We remain steadfast in pursuing all legal remedies available to us and will delay any protest action until a future date.”
The applicants’ attorney, Dali Mpofu, contended on Friday that postponing the interviews by two or three months would give the JSC enough time to ascertain Hlophe’s standing.
He made the point that it might not be easy to replace Hlophe and that it might be necessary to go back to the National Assembly and perhaps go through the nomination procedure once more.
