JSC sitting to go ahead without Hlophe

This after the uMkhonto weSizwe Party wrote to the Chief Justice requesting a postponement of the interviews for judicial candidates.

This is in light of the interim order of the Western Cape High Court, which interdicted the MK Party deputy president from participating in the interviews pending the finalisation of the review of the National Assembly's decision to designate him as a member of the JSC.

In a statement issued on Tuesday, the JSC said it has also received applications from the MK Party and Hlophe for leave to appeal the interim interdict of the High Court’s order.

"The MK Party requested a postponement on the ground that as a result of the interdict against Commissioner Dr Hlophe, the JSC is not properly constituted as required by section 178 of the Constitution. Therefore, decisions the JSC will make in the upcoming scheduled interviews will be unlawful and invalid,” the statement read.

"The JSC met last night (Monday) and decided by majority vote to decline the request for a postponement for the reason that the JSC is properly constituted because the court did not set aside the decision of the National Assembly to designate Commissioner Dr Hlophe to the JSC. He, therefore, remains a duly designated member of the JSC, and the judgment also states that the JSC will be able to conduct its business whilst Commissioner Dr Hlophe remains under the interdict order.

"The JSC also decided that the applications for leave to appeal the interim interdict order do not preclude it from proceeding with the interviews as scheduled.

"The JSC accordingly confirms that the interviews for the 54 short-listed candidates to fill vacancies in the Supreme Court of Appeal, Land Court, Labour Court and Labour Appeal Court, and various Divisions of the High Court will commence on 7 October 2024 as previously announced."

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