Counsel on behalf of Dr. John Hlophe argues that he has a constitutional right to sit in the imminent October Judicial Service Commission JSC sitting. The uMkhonto weSizwe MK Party and Hlophe have urgently approached the Gauteng High Court in Johannesburg to seek relief over the imminent sitting. This comes as Hlophe is barred from participating in the JSC sitting due to an interim interdict granted by the full court of the Western Cape High Court, pending a review of Hlophes designation to the JSC.
Court hears MK Partys urgent bid against JSC Canny Maphanga reports
To remedy this, the MK Party requested a postponement of the JSC sitting pending the conclusion of the review, however, this request was not acceded to, resulting in the MK and Hlophe approaching the court. Advocate Vuyani Ngalwana representing Hlophe says, We say in relation to the rights that the second applicant has a clear, not just prima facie right, a clear right to participate in the JSC as a duly designated member of the National Assembly and that the full court in the interdicting of his participation in the imminent proceedings beginning on the 7th of October simply doesnt detract from that designation of the JSC. All it does is merely to disrupt his participation in the imminent proceedings. We say that he has a constitutional right to participate in all proceedings including the 7th of October proceedings as a properly designated member. Judge Stuart Wilson ordered If you want to obey the full court order, you have got two options, either proceed without him or dont proceed at all. Ngalwana in defence to his client says, Exactly, and we are not saying they must stop forever and ever. This is not an indefinite interdict. It is to stop until the cloud of uncertainty as regards to the propriety and the constitutionality of the designation has been determined in part B.MK vs JSC High Court hears partys urgent application to interdict next weeks interviews - Pt 1
