[MEDIA STATEMENT] JSC’s decision on the postponement of the next sitting of the JSC

MEDIA STATEMENT
JUDICIAL SERVICE COMMISSION
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JUDICIAL SERVICE COMMISSION’S DECISION ON THE POSTPONEMENT OF THE
NEXT SITTING OF THE JUDICIAL SERVICE COMMISSION SCHEDULED FOR 7 –16
OCTOBER 2024
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As is now widely reported in the media, on 30 September 2024, the Chief Justice received a written request from the MK Party to postpone interviews for judicial candidates scheduled to commence Monday 7 October 2024 in the light of the interim order of the Western Cape High Court of 27 September 2024 which interdicts Commissioner Dr Mandlakayise John Hlophe from participating in the interviews pending finalisation of the review of the decision of the National Assembly to designate Commissioner Dr Hlophe to the JSC. The JSC also received applications of the MK Party and Commissioner Dr Hlophe for leave to appeal the interim interdict order to the Western Cape Division of the High Court.

The MK Party requested a postponement on the ground that as a result of the interdict against Commissioner Dr Hlophe, the JSC is not properly constituted as required by section 178 of the Constitution and therefore decisions the JSC will make in the upcoming scheduled interviews will be unlawful and invalid.

The JSC met last night 30 September and decided by majority vote to decline the request for a postponement

The JSC met last night 30 September and decided by majority vote to decline the request for a postponement for the reason that the JSC is properly constituted because the Court did not set aside the decision of the National Assembly to designate Commissioner Dr Hlophe to the JSC and he therefore remains a duly designated member of the JSC and, the judgment also states that the JSC will be able to conduct its business whilst Commissioner Dr Hlophe remains under the interdict order. The JSC also decided that the applications for leave to appeal the interim interdict order do not preclude it from proceeding with the interviews as scheduled.

The JSC accordingly confirms that the interviews for the 54 short-listed candidates to fill vacancies in the Supreme Court of Appeal, Land Court, Labour Court and Labour Appeal Court and various Divisions of the High Court will commence on 7 October 2024 as previously announced.

End of statement.
Enquiries: Adv Sesi Baloyi SC – 083 631 5741/Mr Mvozo Notyesi – 072 334 9357

Download the Media Statement here.