Judgment has been reserved and will be delivered later this afternoon in the urgent application brought by the uMkhonto weSizwe Party (MKP) against the Judicial Service Commission (JSC). The MKP is seeking a declaratory order that the JSC’s decision not to postpone its upcoming judicial interviews is unconstitutional. Alternatively, the party is seeking an interdict to halt the Commission’s interviews scheduled for next week.
During the proceedings, Advocate Michael Bishop, representing the Democratic Alliance (DA), argued that the JSC acted rationally by denying the postponement request. Bishop emphasized the far-reaching consequences a delay would have on the judicial process.
“The JSC had to decide whether it should proceed with the hearings, where it would interview candidates and make recommendations to the President about judicial appointments. The question was whether there was a risk that the decisions made during these hearings could be compromised or set aside. The JSC had to weigh that risk against the cost of granting a postponement,” Bishop stated.
He further elaborated on the significant implications of a delay: “A postponement would have a serious impact on the administration of justice, as judges would not be appointed in a timely manner. There is also the issue of fruitless and wasteful expenditure, which would amount to at least R3 million.”
Bishop concluded that the JSC’s decision to proceed with the interviews was clearly rational, as it balanced the potential risks of moving forward with the considerable costs of delaying the process.
The court’s judgment is expected to clarify whether the JSC will proceed with its interviews or face a delay, as requested by the MKP. The outcome is being closely watched, given the potential implications for the judicial appointment process.
