The party sought declaratory relief on whether the decision of the JSC to deny its request to postpone the interviews scheduled to begin on Monday was unconstitutional.

In the alternative, it sought an interdict to halt the proceedings. This means that the interviews to fill vacancies in various superior courts will go ahead without MK Party Parliamentary leader John Hlophe after an order of the Western Cape High Court interdicted him from participating.

Judge Stuart Wilson has found that the decision of the JSC was rational; and that Hlophe’s absence from the JSC sitting is not only justified but mandated by the order of the Western Cape High Court.

Thus, the JSC was correct to conclude that it could lawfully proceed in the absence of the impeached Judge.

Wilson also found that the full court order did not taint the the appointment of the other five MPs who are designated to serve on the JSC as the full court did not consider the legality of any other designations.

Thus, they are not affected by the impugned decision of the National Assembly.

He also found that the supposed limitation to Hlophe’s rights is not as a result of the JSC but the order of the Western Cape High Court.

--SABC--