The uMkhonto weSizwe Party (MK) said that the Western Cape High court judgment which found its Deputy President and Parliamentary leader Dr. John Hlophe to be neither fit nor proper to serve on the Judicial Service Commission (JSC) was anticipated and accused the court of being under the control of the Democratic Alliance (DA).
The DA, Freedom Under Law and Corruption Watch took the matter to court preventing Hlophe from participating in the work of the commission pending this matter.
In July 2024, Hlophe’s name appeared alongside that of other five members of Parliament endorsed by his party to serve in the commission.
Speaking on YOU FM Newshour, MK spokesperson Nhlamulo Ndhlela accused the DA of targeting black professionals.
“Firstly, we would have expected it because we know that the Western Cape High Court is controlled by the DA and that’s why they’ve been kicking and screaming to ensure that Judge Hlophe, who presided over the division (as the Judge President) at the same court before, doesn’t participate in the JSC interviews.
Remember the process here is that the Judge was elected at the back of a vote in Parliament, and as a member of Parliament you are not restricted in terms of which committee to participate in or preside over.
No, these are powers and privileges that are vested in Parliament, directly drawn from the constitution.
We know that the DA, is always targeting black professionals as is the case here,” said Ndhlela.
In addition, Ndhlela described the judiciary as anti-transformative.
We’re worried that the judicial system, is a system that is anti-transformation, and doesn’t want to advance the will of the people.
This judgment is more than anything else an insult to the people that voted to see MK and its members in Parliament.
The judicial system cannot overreach and overturn decisions that are taken by lawmakers.
In this case we are starting to see a pattern of becoming a judicial sovereignty,” remarked Ndhlela.
In February, the full bench of the court heard the matter, and it granted an interdict against Hlophe.
In the Monday judgement, the court ruled that the National Assembly misunderstood the nature of its powers to designate members to serve on the body that interviews candidates to become judges.
“It (the court) has taken a stance to protect the will of the people, the constitution that have always found to be quite honestly unconstitutional and that’s why we saying that we need to change from constitution to Parliamentary sovereignty is an insult then so shall it be.
Because we see this judgment as an insult to the people that died for this democracy, this is an insult to the people that voted for the MK to be represented in parliament.
This is an insult to parliament along the members of parliament that sit there represented and I suppose to ensure that they put policies forward that represents their constituencies and their electorate.
This is what an insult is, these judges are an insult to the insults,” concluded Ndhlela.
The court also ordered that Hlophe and MK pay costs on a punitive scale for insults that the party and its leaders made about the complainants and the judges in this matter.
The party is yet to make a pronouncement who will fill the space or represent it at the JSC on behalf of the National Assembly.
