The uMkhonto weSizwe Party (MKP) will urgently appeal what it calls the “erroneous and unjustifiable” interdict ruling against its Parliamentary leader Dr John Hlophe, also calling for the postponement of the Judicial Service Commission (JSC) sitting.

On Friday the Western Cape High Court interdicted Hlophe from participating in JSC processes.

The JSC sitting is set to take place on October 7.

As a Judge, prior to his political career, Hlophe was removed from office by the National Assembly, following the JSC finding him guilty of dishonesty and gross misconduct for his attempts to unlawfully influence Constitutional Court judges Bess Nkabinde and Chris Jafta, in 2008, to rule in favour of Jacob Zuma in cases before them.

In July, he was nominated by the MKP, the political party he joined following his removal from judicial office, to serve on the JSC, which is responsible for nominating judges for appointment, and for disciplining judges.

The party believes the High Court ruling has precipitated a significant Constitutional crisis, which it said has now improperly constituted the JSC.

“The delegation from the National Assembly has been reduced to five members, resulting in an imbalance that favours the ruling bloc over the opposition,” it explained.

The MKP said this violates the Constitutional requirement that the opposition must make up at least 50% of the National Assembly's delegation to the JSC.

“With Parliament currently in recess and only set to reconvene on 7 October 2024, the situation has become critical,” it added.

The MKP has submitted a formal request to Chief Justice Mandisa Maya to postpone the sitting until the review application is finalised.

The party believes the postponement is the only “practical and Constitutionally” sound solution.

“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,” it said.

The party is hopeful the JSC will act prudently and grant its request for postponement.

“...however, should the JSC fail to do so, the MKP will have no choice but to pursue legal action to interdict the October 7 sitting. Furthermore, we are prepared to mobilise our supporters, allies, and all freedom-loving South Africans

to demonstrate against the proceedings. We remain hopeful that such steps will not be necessary, provided the JSC makes the correct decision to postpone,” it said.

ActionSA on Friday said it was referring the interdict ruling against Hlophe to Parliament's Constitutional Review Committee, citing “glaring contradictions” in eligibility criteria for public office.