uMkhonto Wesizwe has resolved to urgently apply for leave to appeal the court judgment which interdicts Dr. Mandlakayise John Hlophe from attending the upcoming sitting of the Judicial Service Commission (JSC).
In a statement issued on Monday, the MK Party said the judgement handed down by Judge Baqwais last week, in the Western Cape High Court, was erroneous and unjustifiable.
“We are confident that this judgment will be overturned on appeal and that the primary review application, initiated by the DA [Democratic Alliance] and Western sponsored so called civic organisations like Corruption Watch and Freedom Under Law, will ultimately be unsuccessful.”
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“This High Court ruling has precipitated a significant constitutional crisis, as the JSC is now improperly constituted,” the MK Party added.
The South African constitution stipulates that the opposition must make up at least 50% of the National Assembly’s delegation to the JSC.
Reacting to the judgement, DA National Spokesperson Karabo Khakhau welcomed the court decision, saying it is a landmark victory for the party.
The MK Party believes that postponing the JSC sitting, scheduled for 7 October 0224, is the only practical and constitutionally sound solution at this stage.
“Any decision to proceed with the JSC under its current composition would likely trigger further legal challenges and raise serious concerns about the legitimacy of any appointments made by an improperly constituted body,” uMkhonto weSizwe stated.
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