The Judicial Service Commission JSC has decided to proceed with its October sitting, despite threats of legal action from the uMkhonto weSizwe Party MKP.
This decision follows an interim interdict issued by the Western Cape High Court last week, preventing MKPs parliamentary leader, Dr John Hlophe who was formerly a judge and impeached for gross misconduct from participating in upcoming JSC sittings.
The MKP argued that, due to the interdict against Hlophe, the JSC is not properly constituted as required by Section 178 of the Constitution.
They asserted that any decisions made during the upcoming interviews would therefore be unlawful and invalid.
Postponement is the only practical and constitutionally sound solution to this crisis, said MKP spokesperson Nhlamulo Ndhlela.
