The MK Party (uMkhonto weSizwe) has responded to the Democratic Alliance’s legal action against its leader in Parliament, Dr John Hlophe, characterising the move as “frivolous”.
DA Chairperson of the Federal Council, Helen Zille, on Tuesday announced that they have filed papers in the Western Cape High Court to remove Hlophe from the Judicial Service Commission (JSC).
Zille added that “Hlophe is not a fit and proper person to be a judge, was impeached from office, and should not serve on the commission that selects judges.”
Speaking to Vulankungu, MK Party spokesperson in parliament, Sipho Tyira, said: “Our view is that the DA has better prospects of winning on the Phala Phala matter that they are flip-flopping on than this frivolous case. There is nothing in law or the rules of Parliament that prohibits Dr MJ Hlophe from being appointed to the JSC.”
Meanwhile, Zille said: “It would be irrational for the National Assembly to have the same person, who has been impeached, representing it on the JSC, which is the body responsible for nominating Judges to appointment, and for disciplining Judges.”
Zille further explained that the DA court application is two-fold.
In the first part the DA seeks to interdict Hlophe from taking up a seat in the JSC.
In the second part, the DA wants “to review and set aside the decision by the National Assembly to designate him as one of the parliamentary representatives to the JSC.”
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