The uMkhonto weSizwe Party (MK Party) has filed an urgent application seeking a declaration that the Judicial Service Commission’s (JSC's) refusal to postpone next week's interviews was unconstitutional.
This was also to ensure that Dr John Hlophe’s legal battles, to serve on the body, were finalised.
MKP filed the papers on Wednesday to the Gauteng High Court in Johannesburg, 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.
Last Friday, the Western Cape High Court temporarily interdicted from being part of the JSC’s work.
In a statement, MKP said their request for postponement 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.
MKP spokesperson Nhlamulo Ndhlela told IOL that they would embark on the legal journey after the JSC denied their request to postpone the interviews scheduled for next week.
These interviews are meant to come up with Hlophe’s replacement as Judge President of the Western Cape.
Ndhlela said it was unfair for the judge not to be part of the process.
Chief Justice Mandisa Maya responded to the MKP's request by stating that the JSC settled to move forward with its interviews next week without Hlophe despite protests and threats of legal action.
Maya reaffirmed in a letter that the JSC took the decision during an urgent meeting convened on Monday evening.
The JSC also decided that it must follow the decision of the Western Cape High Court's entire bench, which forbids the impeached Judge President from taking part in the interviews that are set for next week.
MKP believes that there was no legal mechanism to remove Hlophe from the JSC between this week and next Monday unless a review court issues an order to that effect.
“The MK Party will continue to act within the law to ensure that these interviews do not proceed until the primary review has been finalised,” MKP said in a statement.