The High Court in Johannesburg has dismissed the urgent application launched by the uMkhonto weSizwe Party MK Party against the Judicial Service Commission JSC.
The party sought declaratory relief on whether the decision of the JSC to deny its request to postpone the interviews scheduled to begin on Monday was unconstitutional.
In the alternative, it sought an interdict to halt the proceedings. This means that the interviews to fill vacancies in various superior courts will go ahead without MK Party Parliamentary leader John Hlophe after an order of the Western Cape High Court interdicted him from participating.
Judge Stuart Wilson has found that the decision of the JSC was rational and that Hlophes absence from the JSC sitting is not only justified but mandated by the order of the Western Cape High Court.
Thus, the JSC was correct to conclude that it could lawfully proceed in the absence of the impeached Judge.
