MK Party parliamentary leader Dr John Hlophe during his swearing-in ceremony. Picture: Armand Hough / Independent Newspapers
The MK Party has expressed it is “naturally disappointed” by a Gauteng South High Court rulin, delivered on Saturday, which gave the Judicial Services Commission the greenlight to proceed without the interdicted Dr John Hlophe.
The impeached judge Hlophe was interdicted from partaking in the JSC after the Western Cape High Court was approached separately by the Democratic Alliance, Corruption Watch and Freedom Under Law (FUL), who all approached the court seeking Hlophe’s recusal from the JSC proceedings.
Hlophe was impeached as a judge for gross misconduct in February this year, and they argued he should not be allowed to serve on the JSC, a body which selects fit and proper persons for appointment as judges and to investigate complaints about judicial officers.
On Saturday, Judge Stuart Wilson dismissed the MKP’s urgent bid and ordered each party to pay their own costs
Wilson said he could not conclude that the decision to interdict Hlophe from partaking in JSC activities was irrational.
MKP spokesperson Nhlamulo Ndhlela said in a statement: “The MKP is naturally disappointed with the outcome of the urgent application in the Johannesburg High Court.
“The MK Party applied to court to nullify the irrational decision of the JSC which has stubbornly refused to postpone next week's interview, pending various related court processes so as to avoid the inevitable controversy and cloud which will hang over the judicial appointments made in this round of interviews,” he said.
Ndhlela said their would be controversy surroundings the appointments made during this bout of interviews, which are set to take place in Sandton next week and the following week.
“The MK Party is studying the judgment and undertaking the necessary legal and political consultations.
“While the MK Party differs sharply with this judgment, we wish to commend the manner in which Judge Wilson conducted the proceedings.
“It was indeed a breath of fresh air and a far cry from the blatant bias and judicial partisanship, to which we have become accustomed from the South African judiciary,” said Ndhlela.
Ndhlela said they were pleased that the court had informed all parties that the matter between Hlophe and the DA, Freedom Under Law and Corruption Watch, was set for a hearing on November 1.
“The MK Party firmly believes that the blatantly political judgment issued last Friday, which bars Dr. Hlophe, as a member of the JSC from attending the upcoming JSC session, was riddled with glaring legal errors, misdirections, and a violation of both Dr. Hlophe's and MKP’s constitutional rights. “Moreover, the ruling poses a serious threat to the doctrine of separation of powers whilst overreaching into the political sphere and tempering with matters of the National Assembly's powers and privileges.
“The judiciary should not interfere even lightly with decisions reached democratically by elected representatives after thorough debate and voting in Parliament,” said Ndhlela.
The JSC interviews will go on without Hlophe from Monday.
IOL