Zuma and MK Party to contest Madlanga Commission's authority

THE uMkhonto weSizwe Party (MKP) and Jacob Zuma will argue today before the Gauteng High Court, Pretoria, that the functions of the Madlanga Commission will usurp the powers that are constitutionally and exclusively conferred on both the Judicial Services Commission (JSC) and the Magistrates Commission.

- ZELDA VENTER

In turning to the court in an urgent bid to interdict the commission, the applicants say it is not about challenging the decision to set up an inquiry per se. It is about the decision to set up a judicial commission of inquiry in the present circumstance where the subject matter of the inquiry includes serious allegations of criminality against unnamed members of the judiciary.

The judiciary cannot be both an accused institution and also the investigating institution via one of its members - Judge Mbuyiseli Madlanga - the applicants said in papers before the court. They are expected to argue that the appointment of Justice Madlanga, a member of the judiciary, to investigate allegations involving the judiciary, violates the principle that no one may be a judge in their own cause.

The applicants highlighted that the terms of reference of the commission usurp the powers of constitutionally mandated bodies like the JSC and the Magistrates Commission, which are constitutionally and exclusively responsible for investigating judicial misconduct.