Dr. John Hlophe’s resignation from the JSC with immediate effect
7 October 2024
The MK Party has formally written to the Speaker of the National Assembly to withdraw the nomination of our Party Leader in Parliament, Dr. John Hlophe as one of the designated members of the National Assembly to serve in the Judicial Service Commission (JSC). This withdrawal takes effect immediately.
The MK Party will not allow the name of Dr. John Hlophe (MP) to be associated with or used to legitimise a patently misleading, fraudulent, and improperly constituted Judicial Service Commission.
The MK Party maintains that the composition of the JSC, without Dr. Hlophe's participation as a representative from the leading opposition party is in violation of Section 178(I)(h) of the Constitution.
This JSC has failed to meet the prescribed minimum threshold of three members from the opposition parties.
We further believe that the will of the overwhelming number of people of South Africa who voted for participation of Dr Hlophe in all parliament duties assigned to him has been severely and constitutionally undermined.
Issued by Nhlamulo Ndhlela, Head: Media and Communications, MKP, 7 October 2024
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Statement by the MK Party on the next course of action relating to Dr. Hlophe’s participation at the JSC
6 October 2024
The MK Party has further reflected on the Johannesburg High Court judgment barring our nominee, Dr. John Hlophe, from participating in the Judicial Service Commission (JSC) interviews scheduled to commence on 7 October 2024. After extensive deliberations and engagements we wish to clarify our next course of action.
Firstly, it is worth underscoring that this ruling has unfortunately vindicated our position that the Western Cape High Court's interim interdict is not interlocutory but has a final and substantive effect, as we had argued in the Johannesburg High Court.
The outcome of yesterday's ruling prevents both the MK Party and Dr. Hlophe from exercising their right to participate in the crucial interviews, thus permanently infringing on that right as per Section 178 of the Constitution to partake in a process established for selecting judicial officers.
It is regrettable that these interviews are now happening under a dark cloud of exclusion tantamount to the DNA of the so called GNU. We remain steadfast in pursuing all legal remedies available to us and will delay any protest action until a future date.
We therefore call on all our members and supporters not to proceed with the planned picket tomorrow the 7 October 2024 until further notice. We are confident that the legal route will serve our objectives at this stage, therefore we are calling for calm and patience as we continue to challenge Dr. Hlope and MK Party's exclusion through the courts. When the time comes we will issue a clarion call for mass protest action.
We thank our members for their continued discipline, support and solidarity as we fight to uphold our rights and ensure a fair and transparent judicial process.
Issued by Nhlamulo Ndhlela, Head: Media and Communications, 6 October 2024
