Click here to read the judgment on Saflii

Unprecedented events – urgent applications  – the Judicial Service Commission’s (JSC’s) next sitting on 7-11 October 2024 – interim interdicts –whether the  requirements for interim interdict fulfilled  – jurisdiction in terms of section 167 (4) (e) – the high court has jurisdiction to hear this matter – review in terms of the Promotion of Administrative Justice Act 3 of 2000 (PAJA)  – error of law - irrationality –  designation of an impeached judge by the National Assembly to the JSC in terms of section 178(1) (h) of the Constitution –impeached judge insisted that his designation was done in terms section 53(1)(b) & (c) of the Constitution read with Rule 9 of the National Assembly and a Parliamentary Convention – National Assembly’s discretion to designate members to the JSC – nomination of Members of Parliament is a political decision –  the presence of an impeached judge contrary to section 165(4) of the Constitution will undermine the independence, dignity and effectiveness of the court – interim interdict granted.