MK Party challenges Madlanga Commission in court

THE uMkhonto weSizwe Party (MKP) and Jacob Zuma will argue before the Gauteng High Court, Pretoria, today 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 an urgent bid, among others, to interdict the commission, the applicants say it is not about challenging the decision to set up an inquiry per se.

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.