The uMkhonto weSizwe Party (MKP) pointed out on Wednesday that without the participation of its Parliamentary leader Dr John Hlophe, the Judicial Service Commission (JSC) would be “improperly constituted.”

The JSC is scheduled to hold a week-long sitting, from Monday, to undertake judicial interviews of prospective judges.

Last week, the Western Cape High Court interdicted Hlophe from participating in JSC processes, after which the MKP threatened legal action, and called for the postponement of the upcoming JSC sitting.

Despite MKP’s threats of legal action and a request for a postponement, Chief Justice Mandisa Maya said on Tuesday that the JSC would proceed with its sitting on October 7 without Hlophe.

The MKP said last week’s judgment against Hlophe was erroneous and unjustifiable and it wanted a court interdict to stop the scheduled JSC sitting, which the party said, if it goes ahead, would be unconstitutional.

The case is set to be heard Friday, in the Johannesburg High Court.

“Dr Hlophe is the leader of the opposition. Without his participation, the JSC would be improperly constituted – not as a matter of quorum, but of composition,” said the party.

The MKP highlighted that its request for postponement was made in good faith, aimed to avoid litigation, not only by the MKP but “potentially by other unsuccessful candidates who may face an unlawful process”.

“Unfortunately, the JSC has disregarded this request. The reasoning offered by the JSC for proceeding is entirely unfounded, and a postponement would have prevented the current Constitutional crisis,” the party said.

The MKP said the JSC had confirmed that Hlophe remained a member of the JSC, representing the National Assembly delegation of six members and that according to the Constitution, at least three of the six JSC members, or 50%, must come from opposition parties.

The MKP said it would continue to act within the law to ensure that the JSC interviews did not proceed until the primary review had been finalised.