By Lehlohonolo Lehana.
The Judicial Service Commission (JSC) has decided by a majority vote to go ahead with its interviews, scheduled to start on Monday, 07 October.
On Friday, the Western Cape High Court temporarily interdicted John Hlophe from participating in the work of the JSC, the body that interviews and recommends candidates for appointment as judges.
A full bench agreed with the applicants in the case that there was a risk that Hlophe’s presence could compromise the integrity of the interviews, and found that on the face of it, they had made out a strong case to succeed in their review of the decision to appoint him to the JSC.
The matter was heard by Gauteng high court judges Selby Baqwa and Colleen Collis and Free State high court judge Johannes Daffue.
Hlophe, now the MK Party’s deputy president, became the first person to be impeached as a judge in democratic South Africa after a parliamentary vote in favour of his removal in February.
In a statement released on Monday, the MK Party said it had also submitted a formal request to the Chief Justice, in her capacity as chair of the JSC, to postpone the upcoming sitting until the review application is finalised.
The party has warned that if its request is not granted, it will have no choice but to take legal steps to interdict the interviews and mobilise its supporters to demonstrate against the proceeding.
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 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.