The MK Party said it is confident that taking the matter to court will serve its objectives for now The MKP lost its bid to interdict the meeting after another court barred impeached former judge John Hlophe from partaking in the interview process.
The MK Party has halted its planned picket during Monday's Judicial Service Commission (JSC) interview process, saying it will pursue the matter through the courts.
The body has started a two week process of filling 21 vacancies in various courts.
The party on Saturday lost its bid to interdict the meeting after another court barred impeached former judge John Hlophe from partaking in the interview process.
Hlophe was impeached as a judge in March for gross misconduct and the JSC refused the MKP’s request last week to postpone the interviews.
In a statement on Sunday the party said it had further reflected on the Johannesburg High Court judgment barring Hlophe, from participating in the meeting.
"After extensive deliberations and engagements we wish to clarify our next course of action. Firstly, it is worth underscoring that this ruling has unfortunately vindicated our position that the Western Cape High Court's interim interdict is not interlocutory but has a final and substantive effect, as we had argued in the Johannesburg High Court.
"The outcome of yesterday's ruling prevents both the MK Party and Dr. Hlophe from exercising their right to participate in the crucial interviews, thus permanently infringing on that right as per Section 178 of the Constitution to partake in a process established for selecting judicial officers."
Party spokesperson Nhlamulo Ndhlela said the interviews will now take place 'under a dark cloud of exclusion tantamount to the DNA of the so called GNU'.
“We remain steadfast in pursuing all legal remedies available to us and will delay any protest action until a future date.
"We therefore call on all our members and supporters not to proceed with the planned picket tomorrow the 7 October 2024 until further notice.
“We are confident that the legal route will serve our objectives at this stage, therefore we are calling for calm and patience as we continue to challenge Dr. Hlophe and MK Party’s exclusion through the courts. When the time comes we will issue a clarion call for mass protest action," Ndhlela said.
The Mercury