The Democratic Alliance (DA) has launched an urgent interdict before the Western Cape High Court against uMkhonto weSizwe Party Parliamentary leader Dr John Hlophe’s designation to the Judicial Service Commission (JSC).
The DA is one of several that objected to Hlophe’s election to the JSC while the African National Congress (ANC) and Economic Freedom Fighters (EFF) are among those who voted in favour of the move.
The commission is scheduled to sit in October this year to interview and make recommendations to President Cyril Ramaphosa on who to appoint, including Hlophe’s previous position as Judge President of the Western Cape Division.
The party’s application is in two parts. Part A seeks an urgent interdict against Hlophe from taking up a seat in the JSC. Part B is a review application seeking to set aside the decision of the National Assembly to designate Hlophe as a representative at the JSC.
The DA argues that Hlophe’s participation in the JSC would render any recommendation it makes to the President as unlawful and undermine the integrity of the body.
It therefore seeks to prevent Hlophe from serving on the JSC until the legality of his election to the commission is determined by the court.
However, the DA adds that Hlophe’s removal would not preclude the MK Party from fielding a different candidate for the position adding that it is free to do so but is not entitled to designate Hlophe.
Source: eNCA
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