The Umkhonto weSizwe Party (MKP) has taken urgent steps to appeal a recent court judgment that prevents opposition leader John Hlophe from attending the upcoming Judicial Service Commission (JSC) sitting, scheduled for October 7, 2024.
The ruling, delivered by Judge Baqwa and others, has been criticised by the MKP as erroneous and unjustifiable.
This comes after Hlophe was barred from all JSC activities on Friday by the Western Cape High Court.
Hlophe who was impeached as a judge was removed from his position for gross misconduct, and was elected to the Judicial Service Commission (JSC) in July.
The party is confident that the judgment will be overturned on appeal and that the primary review application, spearheaded by the Democratic Alliance (DA) and civil organizations such as Corruption Watch and Freedom Under Law, will ultimately fail.
According to MKP spokesperson Nhlamulo Ndlela, the High Court ruling has precipitated a constitutional crisis, as the JSC is now improperly constituted.
Ndhlela said the delegation from the National Assembly has been reduced to five members, leading to an imbalance that violates the constitutional requirement for equal representation of opposition members within the delegation.
“This imbalance favors the ruling bloc over the opposition,” said Ndlela.
He added that with Parliament in recess and not set to reconvene until October 7, the situation has become increasingly critical.
Given that the review application is unlikely to be resolved before the scheduled JSC sitting, the MKP has formally requested the Chief Justice, in her capacity as chairperson of the JSC, to postpone the sitting.
“Postponement is the only practical and constitutionally sound solution to this crisis,” said Ndlela.
Moreover, He warned that proceeding under the current composition could lead to further legal challenges and cast doubt on the legitimacy of any appointments made by an improperly constituted JSC.
The MKP emphasised that if the JSC fails to grant the postponement, the party will be forced to take legal action to interdict the October 7 sitting.
Additionally, Ndlela indicated that the MKP is prepared to mobilise its 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,” he said.
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