By Musa Mdluli

MBABANE:John Hlophe, the uMkhonto WeSizwe(MK) Party Deputy President has resigned as a member of the Judicial Service Commission(JSC) a few hours after it continued with interviews to fill vacancies at the Supreme Court of Appeal(SCA) and High Courts in his absence, the Mail and Guardian reported on Tuesday.

A Spokesman for the uMkhonto weSizwe(MK) Party, Nhlamulo Ndhlela, said Hlophe’s decision was taken because he would not “legitimise an illegitimate process”.

It has been reported that, “this is a reference to the MK Party’s argument, recently advanced in the Western Cape High Court”, that the Commission would not be quorate if Hlophe were not allowed to take part in the interviews.

But the High Court held differently and granted the Democratic Alliance and Corruption Watch an urgent interdict barring him from participating in interviews with candidates for judicial appointment pending the finalisation of the second part of their court challenge to the rationality of his appointment to the commission.

“The two parties, as well as Freedom Under Law, have argued before the court that the National Assembly failed in its constitutional duty to act in a manner that protects and furthers the impartiality and the independence of the judiciary by rubber-stamping the MK party’s nomination of an impeached judge for appointment to the commission.Hlophe headed the Western Cape division of the high court prior to his suspension by President Cyril Ramaphosa in late 2022-and his eventual impeachment by the National Assembly in February this year”, the Mail and Guardian reported.