The Judicial Service Commission (JSC) interviews scheduled to start tomorrow are on track to proceed as planned.
A total of 55 candidates vying for about 27 vacant positions on the Bench, including Hlophe’s former post, will be interviewed.
Yesterday the Gauteng High Court in Johannesburg dismissed with costs the eleventh-hour bid to block the proceedings by the MK Party and its parliamentary leader, impeached former judge president John Hlophe.
A full bench of the Western Cape High Court last week interdicted Hlophe from participating in the JSC’s proceedings pending an outcome with regard to various legal challenges to his designation as a member of the JSC in his newly acquired capacity as an MKP MP.
The JSC refused MK’s written request for a postponement of the interviews leading to the urgent application being launched before Judge Wilson.
MK wanted the JSC’s refusal to postpone the interviews declared “irrational, unlawful and unconstitutional” and argued their constitutional rights were in jeopardy.
As an alternative, they asked for an interdict preventing the interviews from proceeding until there was a final decision on either Hlophe’s standing as a JSC member or the rationality of the JSC’s refusal.
The MKP and Hlophe also argued that the JSC was not properly constituted in Hlophe’s absence, and that the full court’s decision tainted all six of the MPs designated to sit on the JSC.
Judge Wilson held that the legality of any of the other designations was not before the court: “Nor does it follow that to impugn Dr Hlophe’s designation is to impugn the designation of the other five National Assembly members. Dr Hlophe was restrained from participating [in] the JSC’s work because he is a former judge removed from office for gross misconduct. None of the other designees bears that characteristic.”
[Photo: Screenshot/My Africa]