30 September 2024
uMkhonto Wesizwe Party has resolved to urgently apply for leave to appeal the
erroneous and unjustifiable judgment handed down by Honourable Judge Baqwa and
others, which interdicts the Leader of the Opposition, Dr. Mandlakayise Hlophe, from
attending the upcoming sitting of the Judicial Service Commission (JSC) scheduled for
Monday, 7 October 2024. We are confident that this judgment will be overturned on
appeal and that the primary review application, initiated by the DA and Western
sponsored so called civic organisations like Corruption Watch and Freedom Under
Law, will ultimately be unsuccessful.
This High Court ruling has precipitated a significant constitutional crisis, as the JSC is
now improperly constituted. The delegation from the National Assembly has been
reduced to five members, resulting in an imbalance that favours the ruling bloc over
the opposition. This violates the constitutional requirement that the opposition must
make up at least 50% of the National Assembly’s delegation to the JSC. With
Parliament currently in recess and only set to reconvene on 7 October 2024, the
situation has become critical.
In light of these circumstances, and the improbability of the review application being
resolved before next week’s JSC sitting, the MK Party has submitted a formal request
to the Chief Justice, in her capacity as Chairperson of the JSC, to postpone the sitting
until the review application is finalised. We believe that postponement is the only
practical and constitutionally sound solution to this crisis. 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.
We therefore trust that the JSC will act prudently and grant our request for
postponement. However, should the JSC fail to do so, the MK Party will have no
choice but to pursue legal action to interdict the 7 October sitting. Furthermore, we
are prepared to mobilise our supporters, allies, and all freedom-loving South Africans
to demonstrate against the proceedings. We remain hopeful that such steps will not
be necessary, provided the JSC makes the correct decision to postpone.
ENQUIRIES:
Nhlamulo Ndhlela
Head: Media and Communications
Contact mobile: 079 230 3345
Sipho Tyira
Manager: Media and Communications (Parliament)
Contact Mobile: 084 374 4316
