Cape Town — The Democratic Alliance (DA) said the uMkhonto weSizwe (MK) Party wants to have the Judicial Service Commission (JSC) Sitting postponed, it would be a waste of State funds.
The Johannesburg High Court heard an urgent application by the MK party to postpone the JSC meeting against the impeached judge and MK member John Hlophe, who was prevented from taking a seat on the JSC.
The interdict came from the DA and Freedom Under Law, who argued that Hlophe could not serve on the same body that recommended his impeachment.
The DA’s Michael Bishop said the MK Party sought a review of the Western Cape High Court’s decision and said the State organs could not stop functioning because people are seeking reviews, EWN reported.
“There is a cost to the administration of justice because judges will not be appointed, and there is fruitless and wasteful expenditure at least.”
According to The Citizen, a postponement of the JSC interviews would cost up to R3 million. Bishop said the MK Party was essentially asking for a review of its application. He emphasised that the JSC considered both the risks and costs associated with granting the MK party’s request for a postponement.
“There is a cost to the administration of justice because judges will not be appointed, and there is fruitless and wasteful expenditure of R3 million at least. So those are the obvious costs, and that’s what the JSC was doing,” the lawyer said.
Judgment has been reserved in the MK Party’s bid to stop the next sitting of the Judicial Service Commission. The party wants JSC activities to be suspended pending the review of impeached judge John Hlophe’s participation. At the DA’s request, the Western Cape High Court granted… pic.twitter.com/28vkZr7V5P
— eNCA (@eNCA) October 4, 2024
Advocate Hamilton Maenetje, argued on behalf of the JSC that the decision to proceed with the interviews was appropriate.
Maenetje said it was important that the JSC was obligated to adhere to court rulings. He argued against MK advocate, Dali Mpofu’s claims that filing the MK party’s application for leave to appeal led to the suspension of the interdict.
“It doesn’t automatically suspend the order of the high court. Interim orders don’t have a final effect because the judgments that they render can be reconsidered and changed by the court hearing the application for final relief,” the lawyer said in court.
Maenetje stated that if that were the case, the party’s request to the JSC would have been for something other than a postponement.
The lawyer concluded by stating that the JSC was seeking the dismissal of the MK party’s application, but without any order for costs.
Judge Stuart Wilson reserved the judgment.
“I anticipate being able to give judgment during tomorrow,” Wilson said.
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Compiled by Matthew Petersen
