MK Party says judgment against Hlophe unconstitutional & a travesty of justice
CAPE TOWN - The uMkhonto weSizwe (MK) Party said that a Western Cape High Court ruling that precluded its parliamentary leader, John Hlophe, from serving on the Judicial Service Commission (JSC) was a travesty of justice and unconstitutional.
On Monday, the court set aside the decision of the National Assembly, ruling that Hlophe was not a fit and proper person for the job.
ALSO READ:
- National Assembly behaved inconsistently with Constitution when it designated Hlophe to serve on JSC - WC High Court
- DA celebrates High Court ruling against John Hlophe
It has also found that the Speaker erred in her view that there was no criteria applicable to determine a member of Parliament (MP)'s suitability for the role.
However, the party said it rejected the court's decision to veto the will of its members.
"This judgment represents everything that is wrong with the current dispensation in South Africa. It cannot be that three unelected judges who are not lawmakers but interpreters of the law, to allow a racist minority to subvert the will of the people," said party spokesperson Nhlamulo Ndlela.
Ndlela said it would not allow the Democratic Alliance (DA), which was one of three organisations that took the matter to court, to have the last say.
"We will appeal this shocking judgment in an effort to educate the public about the urgent need for parliamentary sovereignty blended with indigenous African law based on ubuntu, collective ownership of economic resources, and the will of the people, where the law can no longer be manipulated to justify hatred for certain targeted individuals."
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