MK Party launches urgent application against JSC over interview process

2 October 2024

This morning, the MK Party filed an urgent application seeking a declaration that the Judicial Service Commission (JSC)'s refusal to postpone next week's interviews is unconstitutional and requesting an interdict to stop the scheduled week-long session.

The MK Party's request for postponement was made in good faith, aiming to avoid litigation, not only by the MK Party but potentially by other unsuccessful candidates who may face an unlawful process. Unfortunately, the JSC has disregarded this request. The reasoning offered by the JSC for proceeding is entirely unfounded, and a postponement would have prevented the current constitutional crisis.

The JSC has confirmed that Dr. Hlophe remains a member of the JSC, representing the National Assembly delegation of six members. According to the Constitution, at least three of these six members, or 50%, must come from opposition parties. Dr. Hlophe is the Leader of the Opposition. Without his participation, the JSC would be improperly constituted—not as a matter of quorum, but of composition.

There is no legal mechanism to remove Dr. Hlophe from the JSC between now and next Monday, or at any other time, unless a review court issues an order to that effect.

The MK Party will continue to act within the law to ensure that these interviews do not proceed until the primary review has been finalised.

The case is set to be heard this Friday, 4 October, at 10hOO in the Johannesburg High Court.

Issued by MK Party, 2 October 2024