The uMkhonto weSizwe (MK Party) legal representative, Thabo Kwinana from KMNS Inc, has written to Chief Justice Mandisa Maya to consider postponing the sitting.
The sitting, according to the MK Party, should await the outcome of the review application as they have filed an appeal interdicting parliamentary leader John Hlophe from joining the sitting, which is scheduled for October 7 to 10.
The Western Cape High Court interdicted impeached judge Hlophe from joining the Judicial Service Commission (JSC) sitting following applications by the DA, Corruption Watch, and Freedom Under Law to see Hlophe excluded from the JSC, the same body that found him guilty of gross misconduct.
Nhlamulo Ndlhela, the MK Party spokesperson, said the ruling led to a major constitutional crisis, claiming that the JSC was now improperly constituted.
Violation of constitutional requirement
He indicated that the National Assembly’s delegation had been reduced to only five members, claiming that this created an imbalance that favoured the ruling bloc over the opposition.
“This violates the constitutional requirement that the opposition must make up at least 50% of the National Assembly’s delegation to the JSC,” said Ndhlela.
“With parliament currently in recess and only set to reconvene on 7 October 2024, the situation has become critical.”
He said the postponement was the only viable and constitutionally valid solution to the challenges they faced.
Ndhlela noted that continuing with the JSC sitting in its current form would likely lead to further legal challenges and create serious doubts about the legitimacy of any appointments made by a body that lacks a proper constitution.
He said it would be wise for the JSC to approve the postponement request, threatening legal action to prevent the sitting on October 7.
Threat of demonstrations
“Furthermore, we are prepared to mobilise our supporters, allies, and all freedom-loving South Africans to demonstrate against the proceedings.
“We remain hopeful that such steps will not be necessary, provided the JSC makes the correct decision to postpone.”
The letter to Maya stated that there were only four working days to the scheduled sitting, and this would mean that it would be impossible for the Constitutional Court to finalise the applications.
It also highlights that it would be unlikely that any new designation can be processed, scheduled, and effected even if it were legally competent to do so.
“We apologise profusely and in advance for the short notice given your busy schedule and sincerely hope that you will sympathise with the constraint within which our client has been forced, which is by no means of their own making.
“We similarly apologise for the length of this letter, but it was essential to deal with some of the key legal issues so as to hopefully assist any debate on our request and to hopefully avoid costly litigation,” reads the letter in part.
