27 September 2024
The MK Party notes the incompetent, irrational, absurd and blatantly political
judgment of the Western Cape High Court, which is regrettable but not surprising.
The judgment purports to interdict Dr. Mandlakayise John Hlophe, individually, from
performing his constitutional duties as an MK Party Member of Parliament appointed
to serve on the JSC pursuant to Section 178 of the Constitution. The judgment
constitutes gross judicial overreach and disregards the provisions of the very
constitution it purports to uphold. It purports to interdict Dr. Hlophe from
participation in the JSC process but the interdict remedy was not sought or granted
against Parliament which voted to appoint him in the first place. The Court simply
ignored Section 178 of the Constitution which requires that three (3)members of the
opposition parties be appointed to serve on the JSC.
The MK Party is the official opposition party and its right to designate its MP’s to serve
on the JSC is guaranteed by the same Constitution. The Court has not reviewed and
set aside Parliament’s decision to appoint Dr. Hlophe to the JSC. Until that decision
is reviewed and set aside, the JSC cannot sit without Dr. Hlophe. This constitutional
stalemate is deliberately created by the incompetent, politically-driven and
compromised Judiciary. This horror judgment will be subject to an immediate
appeal.
This was a frivolous application to the court by the racist DA, the mercenaries of the
white imperialist project who continue to seek to exhume and rebury Dr. Hlophe for
his competence and excellence. This relentless lynching of black leaders and
professionals for political expediency cannot continue unabated.
As history has shown, it was the racist DA , supported by the ANC of Cyril Ramaphosa
that voted for the impeachment of Dr. Hlophe as a judge. The same DA, now colluding
with Freedom Under Law and Corruption Watch – racist agents of white monopoly
capital masquerading as civic organisations – who want to usurp the power of the
Legislature using the Judiciary.
We reiterate our claim that nothing in law or the rules of Parliament prevents Dr.
Hlophe from participating at the JSC. The MK Party has a constitutional right to
nominate and decide which of its members are best suited to be designated to serve
on any external fora such as the JSC and Pan-African Parliament. Therefore, there
exists no legal basis for any court to reverse a democratic decision taken by elected
representatives. The courts must refuse this abuse of the machinery of the justice
system and conflation of separation of powers.
We, as uMkhonto weSizwe shall also continue to agitate and fight for the
abolishment of the biased ‘Roman-Dutch Law’, which has no place in an African
society. We stand with the MK Party Deputy President and our leader in Parliament
and we will fight this battle to the bitter end. We further call on all those who cherish
freedom and respect the will of the people, as represented by Parliament to join the
MK Party to do whatever is necessary within the law to prevent the sitting of the JSC
scheduled for Monday 7 October 2024. This sitting cannot continue without the full
complement of JSC members as democratically designated by the National Assembly.
A detailed plan of action will be communicated next week after consulting our
structures, the Progressive Caucus and any other like-minded organisations
representing our people.
ENQUIRIES:
Nhlamulo Ndhlela
Head: Media and Communications
Contact mobile: 079 230 3345
Sipho Tyira
Manager: Media and Communications (Parliament)
Contact Mobile: 084 374 4316
