Political commentator and social activist, Lunathi Kilani, believes that the MK Party’s strategy in removing Dr. Mandlakayise John Hlophe from the Judicial Service Commission (JSC) is to ensure that it becomes dysfunctional.
In an elaborate post on X, Lunathi highlighted that under Section 178(1)(h) of the South African Constitution, the JSC must be composed of representatives from various sectors, including political parties in the National Assembly.
“The immediate resignation of one of its members disrupts this balance, creating a vacancy that must be addressed. However, with Parliament in recess, the normal process of nominating and appointing a new member is delayed, as the party cannot table the nomination before the National Assembly for formal approval.”
As things currently stand, this means that the JSC in not constitutionally constituted and therefore is not functioning properly.
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The MK Party confirmed on Monday that it had formally written to the Speaker of the National Assembly, Thoko Didiza, requesting her to immediately withdraw Hlophe as the designated member to serve in the JSC.
Umkhonto Wesizwe stated that it will not allow Hlophe’s name to be “used to legitimise a patently misleading, fraudulent, and improperly constituted Judicial Service Commission”.
It maintained that the composition of the JSC, without a representation threshold of three members from the opposition parties, is unconstitutional.
By removing Dr. Hlophe, Lunathi suggested that the MK Party may be attempting to bring the matter back to the National Assembly.
“While this process is ongoing, they are likely awaiting the outcome of the November court case, after which they may re-nominate Dr. Hlophe as their candidate.”
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Lunathi also pointed out that this situation raises significant constitutional questions about the validity of the JSC’s ongoing proceedings.
The JSC interviews got underway on Monday despite legal attempts by Umkhonto Wesizwe to halt the process.
Fifty-four candidates will take the hot seat before the commission over the next two weeks, with hopes of being appointed to the country’s various courts.
“The uncertainty surrounding this matter could justify suspending the JSC’s sittings until Parliament reconvenes, a replacement is appointed, and or by the Constitutional Court providing legal clarity on how the JSC should handle such situations in the interim and further in the future.
“This constitutional ambiguity reinforces the need for a prompt legal resolution to safeguard the legitimacy of the JSC’s role in upholding the rule of law,” Lunathi added.