Manyi says the decisions taken during the interviews will be unconstitutional without Hlophe.
The Judicial Service Commission (JSC) has rejected the uMkhonto weSizwe (MK) party’s request to postpone interviews scheduled to start on Monday.
Last week, a Western Cape High Court ruling interdicted John Hlophe from participating in the interviews pending the finalisation of the review of the National Assembly’s decision to designate him to the JSC.
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The ruling was in favour of the Democratic Alliance (DA), Freedom Under Law, and Corruption Watch, who challenged Hlophe’s appointment to the JSC.
MK party requests postponement
On Monday, the MK party sent a letter to Chief Justice Mandisa Maya requesting a postponement of the interviews.
The JSC will sit from Monday to interview candidates to fill vacancies in the Constitutional Court, Supreme Court of Appeal, Land Court, Labour Court, Labour Appeal Court, and various divisions of the High Court.
According to the Constitution, the National Assembly is required to designate six members to represent the Assembly at the JSC. At least half of the National Assembly members must come from the opposition.
The remaining members are Soviet Lekganyane (ANC), Fasiha Hassan (ANC), Glynnis Breytenbach (DA), Julius Malema (EFF) and Athol Trollip (ActionSA).
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The MK party has argued that proceeding with the interviews in Hlophe’s absence will be unlawful.
“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,” said the MK party.
JSC says ‘no’
However, the JSC has rejected these claims.
“The JSC met on 30 September and decided by majority vote to decline the request for a postponement,” said the JSC.
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“This is because the court did not set aside the decision of the National Assembly to designate Hlophe to the JSC and he therefore remains a member of the JSC.”
However, MK Member of Parliament Mzwanele Manyi says the JSC is missing the point.
“This is a forced removal. It is almost like a fraudulent arrangement,” Manyi told SABC’s Face the Nation.
“MK party is a party that believes in the rule of law. There is nothing that the JSC has done to convince us otherwise. We just had a proper briefing and the lawyers have a fresh mandate to interdict the Monday sitting.”
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Although the MK party and Hlophe have applied for leave to appeal the interim interdict order to the Western Cape High Court, the JSC decided that the application does not preclude it from proceeding with the interviews as scheduled.
