The Judicial Service Commission (JSC) has dismissed an appeal from the uMkhonto weSizwe Party (MK) and its chief whip, John Hlophe, seeking a postponement of judicial interviews scheduled to begin on Monday. The interviews will continue as planned, the JSC confirmed in a statement released on Tuesday.
The interviews are for 54 shortlisted candidates to fill vacancies in South Africa’s Supreme Court of Appeal, Land Court, Labour Court, Labour Appeal Court, and various High Court divisions. MK and Hlophe’s request for a postponement followed an interim interdict from the Western Cape High Court preventing Hlophe from participating in JSC processes until a case challenging his designation as a JSC member is resolved.
MK also petitioned Chief Justice Mandisa Maya, requesting a delay in the interviews. The party argued that without Hlophe’s participation, the JSC would not be properly constituted, which could render its decisions unlawful and invalid under the constitution. However, the JSC rejected these arguments.
Following a majority vote during its Monday night meeting, the JSC decided to move forward with the interviews. The commission stated that it remains properly constituted because, despite the interdict, the High Court did not overturn the National Assembly’s decision to designate Hlophe as a commissioner. Furthermore, the judgment clarified that the JSC could still conduct its business while Hlophe remains under the interdict.
The JSC also noted that the pending applications for leave to appeal the interim interdict did not prevent the commission from proceeding with the scheduled interviews.
Hlophe, who previously served as Judge President of the Western Cape division, became the first judge in democratic South African history to be impeached. After his impeachment, he joined the MK Party and was appointed as one of the six National Assembly representatives on the JSC. His designation is currently being challenged in three separate court applications filed by the Democratic Alliance (DA), Corruption Watch, Freedom Under Law, and AfriForum, which lodged its case directly with the Constitutional Court.
These applicants argue that appointing an impeached judge to the JSC is unlawful, and the interdict against Hlophe will remain in effect until the legal proceedings conclude.
