MK Party criticizes Western Cape High Court's judicial overreach

The MK Party has expressed strong disapproval of a recent ruling by the Western Cape High Court, which it describes as an "incompetent, irrational, and blatantly political judgment."

The judgment seeks to interdict Dr. Mandlakayise John Hlophe from fulfilling his constitutional duties as a Member of Parliament appointed to the Judicial Service Commission (JSC), a decision that the party argues constitutes gross judicial overreach.

In a statement, the MK Party condemned the court's decision, stating that it undermines the provisions of the South African Constitution. The ruling specifically targets Dr. Hlophe's role in the JSC process, yet the court did not issue an interdict against Parliament, which voted to appoint him in the first place.

The party highlighted that Section 178 of the Constitution mandates the appointment of three members from opposition parties to serve on the JSC, and as the official opposition party, the MK Party's right to designate its MPs for this role is constitutionally guaranteed.

"The court has not reviewed or set aside Parliament's decision to appoint Dr. Hlophe to the JSC," the statement read. "Until that decision is reviewed, the JSC cannot sit without him. This constitutional stalemate is deliberately created by a compromised judiciary driven by political motivations."

The MK Party announced its intention to appeal the ruling, criticizing the application brought by the Democratic Alliance (DA) as "frivolous" and reflective of a broader agenda against black leaders. The statement alleged that the DA, along with the African National Congress (ANC) under President Cyril Ramaphosa, played a role in Dr. Hlophe's past impeachment as a judge, framing the current legal challenges as a continuation of this politically motivated persecution.

The party asserted that there is no legal justification for the court to reverse the democratic decision made by elected representatives regarding Dr. Hlophe's appointment. "The MK Party has the constitutional right to nominate its members for external forums such as the JSC and Pan-African Parliament. Courts must reject the misuse of the justice system that conflates the separation of powers," it stated.

Additionally, the MK Party reiterated its commitment to abolishing the "biased Roman-Dutch Law," asserting that it has no place in an African society. The party stands firmly behind Dr. Hlophe and announced plans to mobilize support against the JSC's upcoming sitting, scheduled for October 7, 2024, urging all who value democratic principles to join their cause.

The MK Party is expected to release a detailed plan of action next week after consultations with its structures and allied organizations, emphasizing the importance of maintaining the integrity of the JSC and the democratic process.