Legal analyst Elton Hart says the uMkhonto weSizwe party matter has highlighted the gaps in the Constitution and the loopholes in the law. The High Court in Johannesburg has dismissed an urgent application launched by the party against the Judicial Service Commission seeking declaratory relief.Hart says clarity is needed in law on what should happen when an impeached judge comes back to the judiciary through a different arm of the state.
“You have a judge that made a ruling trying, to actually limit the powers of the parliament, and parliament from the judiciary perspective, is seen as you guys are to trying actually sort of give us a burden that we already said at some stage that we do not want.
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