Tue Oct 25 17:39:07 SAST 2016
Mkhwebane leaves Zuma‚ Van Rooyen interdicts

The new public protector says she will leave the dispute over the state capture report prepared by h.


By Zinhle Mapumulo | Sep 18, 2009 | COMMENTS [ 0 ]

FREEDOM under Law (FuL) is dragging the Judicial Service Commission to court next week.

FREEDOM under Law (FuL) is dragging the Judicial Service Commission to court next week.

The law watchdog body said yesterday that it had no other choice since the JSC had failed to respond to its letter by Tuesday.

"To date no response has been received and FuL will now proceed to the next stage, which requires the filing of affidavits in the high court.

Former Constitutional Court judge Johann Kriegler will be meeting with counsel this weekend to finalise these (papers) to facilitate papers being filed next week," FuL spokesperson Niall Gahan said yesterday.

FuL recently challenged the decision by the JSC not to proceed with a misconduct probe into Cape Judge President John Hlophe.

Hlophe allegedly tried to influence Constitutional Court judges in the matter relating to the prosecution of President Jacob Zuma.

Last week FuL wrote to the JSC arguing that several decisions made by the commission were in direct contravention of its constitutional mandate.

The letter was addressed to Judge Lex Mpati, who chairs the JSC's complaints committee, and set Tuesday this week as the deadline for a response.

In the letter FuL said that the JSC's decisions had caused great harm to the administration of justice and left a very serious complaint and counter-complaint unanswered .

It further argued that the decisions undermined the independence and impartiality of the courts and failed to resolve whether the various judges involved in the complaint and counter-complaint to the JSC were fit and proper or ought to be impeached in terms of section 177(1)(a) of the Constitution.

The letter advised the JSC that FuL intended to apply for a court order to have the JSC's decisions set aside.

But before doing so, and in terms of section 5 of the Promotion of Administrative Justice Act, FuL lawyers had requested the JSC to furnish it with written reasons for its decisions.

Gahan said: "The FuL gave the JSC five days to respond because it will be conducting interviews for candidates for the Constitutional Court next week."


Login OR Join up TO COMMENT