Johannesburg – The uMkhonto weSizwe Party (MK Party) says it rejects the judgment of the Western Cape High Court against Parliament’s designation of Dr. John Hlophe to the Judicial Services Commission (JSC).
The High Court found that Parliament violated the Constitution by designating Dr. Hlophe to take up a seat on the JSC because he was previously impeached as a judge.
The court said Hlophe’s appointment undermines the integrity and compromises the legitimacy of any JSC process he may be involved in to appoint further judges.
The matter was brought to court by the Democratic Alliance (DA), Freedom Under Law, and Corruption Watch.
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Reacting to the ruling the MK Party said it “rejects the judgment of the Western Cape High Court, which gives the DA and the courts the right to veto the decision of the majority of citizens”.
In a statement made available to The Bulrushes on Monday 2 June 2025, the MK Party said the decision to elect Dr. Hlophe as a member of the JSC was by duly elected representatives in the National Assembly as per the powers and privileges of Parliament, drawn from the constitution.
“Therefore, the decision by the Western Cape High Court is a travesty of justice and unconstitutional,” the statement said.
“This judgment represents everything that is wrong with the current constitutional dispensation in South Africa.
“It cannot be that three” unelected judges who are not lawmakers but interpreters of the law, allow a racist minority to subvert the will of the people.”
The MK Party said Such judgments render the election process of public representatives a futile exercise if unelected judges can overturn the will of the people.
“As the MK Party we will not allow a white dominated and racist party like the DA, to have the final say as to who may or may not represent our party in the JSC,” the statement said.
“If indeed the Constitution allows for a return to apartheid, then it is the Constitution which must be urgently changed.”
The MK Party said this is nothing but a cruel reminder of the pain inflicted by the oppressive judicial system under apartheid.
“Any Constitution which worships Roman-Dutch norms and traditions above African values belongs to the scrap heap of history,” the statement said.
“The MK Party is determined to expose the fundamental injustices embedded in the current Constitution and will therefore appeal this shocking judgment.”
