STATEMENT ON THE JUDGMENT OF THE WESTERN CAPE HIGH COURT IN FAVOUR OF THE CONTINUED LYNCHING OF DR. MANDLAKAYISE HLOPHE.
27 September 2024
The MK Party notes the incompetent, irrational, absurd and blatantly political judgment of the Western Cape High Court, which is regrettable but not surprising. The judgment purports to interdict Dr. Mandlakayise John Hlophe, individually, from performing his constitutional duties as an MK Party Member of Parliament appointed to serve on the JSC pursuant to Section 178 of the Constitution.
The judgment constitutes gross judicial overreach and disregards the provisions of the very constitution it purports to uphold. It purports to interdict Dr. Hlophe from participation in the JSC process but the interdict remedy was not sought or granted against Parliament which voted to appoint him in the first place. The Court simply ignored Section 178 of the Constitution which requires that three (3)members of the opposition parties be appointed to serve on the JSC.
The MK Party is the official opposition party and its right to designate its MP's to serve on the JSC is guaranteed by the same Constitution. The Court has not reviewed and set aside Parliament's decision to appoint Dr. Hlophe to the JSC. Until that decision is reviewed and set aside, the JSC cannot sit without Dr. Hlophe. This constitutional stalemate is deliberately created by the incompetent, politically-driven and compromised Judiciary. This horror judgment will be subject to an immediate appeal.
This was a frivolous application to the court by the racist DA, the mercenaries of the white imperialist project who continue to seek to exhume and rebury Dr. Hlophe for his competence and excellence. This relentless lynching of black leaders and professionals for political expediency cannot continue unabated.
As history has shown, it was the racist DA , supported by the ANC of Cyril Ramaphosa that voted for the impeachment of Dr. Hlophe as a judge. The same DA, now colluding with Freedom Under Law and Corruption Watch - racist agents of white monopoly capital masquerading as civic organisations - who want to usurp the power of the Legislature using the Judiciary.
We reiterate our claim that nothing in law or the rules of Parliament prevents Dr. Hlophe from participating at the JSC. The MK Party has a constitutional right to nominate and decide which of its members are best suited to be designated to serve on any external fora such as the JSC and Pan-African Parliament. Therefore, there exists no legal basis for any court to reverse a democratic decision taken by elected representatives. The courts must refuse this abuse of the machinery of the justice system and conflation of separation of powers.
We, as uMkhonto weSizwe shall also continue to agitate and fight for the abolishment of the biased 'Roman-Dutch Law', which has no place in an African society. We stand with the MK Party Deputy President and our leader in Parliament and we will fight this battle to the bitter end.
We further call on all those who cherish freedom and respect the will of the people, as represented by Parliament to join the MK Party to do whatever is necessary within the law to prevent the sitting of the JSC scheduled for Monday 7 October 2024. This sitting cannot continue without the full complement of JSC members as democratically designated by the National Assembly.
A detailed plan of action will be communicated next week after consulting our structures, the Progressive Caucus and any other like-minded organisations representing our people.
Statement issued by Nhlamulo Ndhlela, Head: Media and Communications, MK Party, 27 September 2024
