Dr John Hlophe, the esteemed leader of the Umkhonto Wesizwe (MK) party in Parliament, has officially withdrawn his nomination to serve on the Judicial Service Commission (JSC).
The party articulated this decision in a formal statement, emphasizing the immediate nature of the withdrawal. The MK party asserted, “we have formally written to the Speaker of the National Assembly to withdraw the nomination of our party leader in Parliament, Dr John Hlophe, as one of the designated members of the National Assembly to serve in the Judicial Service Commission (JSC).”
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Hlophe’s Reason for Withdrawal
The move follows on the heels of Hlophe being barred from participating in the JSC interviews.
The JSC will conduct interviews to fill vacancies in various courts, including the Constitutional Court (ConCourt) and the Supreme Court of Appeal (SCA) from 7 to 16 October.
In a declaration, the MK party expressed its disappointment with a recent ruling from the Gauteng South High Court which permitted the JSC to continue functioning without Dr. Hlophe’s vital representation.
They contended that the JSC, by moving forward without him, violated section 178(1)(h) of the Constitution, which mandates adequate representation from opposition parties.
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Constitutional Concerns
The MK party further articulated their belief that the failure of the JSC to include Dr Hlophe undermines the constitutional rights of the majority of South Africans who supported his participation in Parliament.
They stated, “this JSC has failed to meet the prescribed minimum threshold of three members from the opposition parties.” With this statement, the MK party underscores their commitment to fulfilling democratic principles and ensuring the proper functioning of judicial oversight within the country.