By Lehlohonolo Lehana.
The uMkhonto weSizwe (MK) Party has filed an urgent application in the Johannesburg High Court on Wednesday, to stop next week’s sitting of the Judicial Service Commission (JSC).
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 its papers, the MK Party is arguing that the JSC’s decision to proceed with interviews for several dozen judges next week was irrational and unlawful.
The party also requested an interdict to stop the scheduled week-long session.
It further said their request was made in good faith, aiming to avoid litigation, not only by them but potentially by other unsuccessful candidates who may face an unlawful process.
The case is set to be heard on Friday in the Johannesburg High Court.
The JSC decided that it must follow the decision of the Western Cape High Court’s entire bench, which forbids Hlophe from taking part in the interviews that are set for next week.