Ramatlodi: Judges not above the law
2009-05-29 14:05
Johannesburg - Judges need to understand they are not above the law, said Ngoako Ramatlodi, the head of Parliament's justice committee, in an interview published on Friday.
Ramatlodi, who was recently appointed to the Judicial Service Commission (JSC), said some judges "elicited negative responses" in their comments about President Jacob Zuma's corruption case, which has since been scrapped from the court roll.
Zuma "had a feeling that there were some who felt that he was abusing the court processes while he was exercising his rights", Ramatlodi told the weekly Mail and Guardian.
"We must understand that none of us is above the law, regardless of the position that we occupy, including the judicial officers."
Ramatlodi said the African National Congress was uncomfortable with comments by "some" judges.
"Some individuals in the judiciary elicited negative responses [from the ANC] when [they made] comments about the president taking the legal route.
Judges need to be independent
"We felt there was an irritation on the part of the presiding officers of the court about [the delays in the court case], they were calling it delaying tactics," said Ramatlodi.
He said he was surprised that some people believed "the ANC is a threat to the rule of law".
"What amazes me about that is that the South African population has accepted that the ANC is anti-constitutional, while at the Truth and Reconciliation Commission some presidents were called to account, but they simply refused.
"Yet when Jacob Zuma had to go to court, every time he was told he should be there, he was there."
Ramatlodi said the government agreed judges needed to be independent but warned they should refrain from public comments.
The Mail and Guardian report said he was referring to Deputy Chief Justice Dikgang Moseneke's comments at his birthday party shortly before the ruling party conference in Polokwane in December 2007 when Zuma was elected its new leader.
Moseneke said the future of the country did not lie with the delegates at the conference but with the electorate at large.
"There is no misunderstanding when it comes to judicial independence. All we would ask is that judges exercise their mandate. If you go to a social club and make pronouncements, that is not helpful," said Ramatlodi.
Evidence of political meddling
"We are interested in working with the judiciary, but we insist they must operate in terms of the Constitution and we will give the judiciary the space to do this."
Zuma was in and out of court for several years, defending charges of fraud and corruption related to a government arms deal.
The National Prosecuting Authority announced earlier this year that the prosecution would be halted because it found evidence of political meddling in the case.
Zuma will have to appoint, through the JSC, four new Constitutional Court judges when the current incumbents retire in October. These are Chief Justice Pius Langa and justices Yvonne Mokgoro, Albie Sachs and Kate O'Regan.
Langa, Mokgoro and O'Regan are currently involved in a case against Cape Judge President John Hlophe, whom they have accused of trying to interfere with a Constitutional Court ruling related to Zuma's graft case.
- SAPA