Judges 'undermine' Constitution
2003-06-17 19:24
Cape Town - Johnny de Lange, the outspoken chair of parliament's justice
portfolio committee, on Tuesday poured more fuel on the fire in his
row with some of the country's top judges.
Speaking in the national assembly, he lambasted the Judges
President for accusing him of interfering in the independence of
the judiciary, and for criticising Justice Minister Penuell Maduna
for not defending them.
"The shrill, hysterical tone and content of the statement is
most unusual and, one would venture, unbecoming members of the
judiciary," De Lange said during the justice budget debate.
He was referring to a statement, read out by Cape Judge
President John Hlope and signed by five other Judges President on
Friday. It was backed on Tuesday by the Transvaal acting Judge
President.
'Scurrilous attack'
A meeting of the top judges followed comments by De Lange -
made during committee hearings - on the efficiency of the
country's courts and the high salaries earned by judges.
The judges complained of a "scurrilous attack on the
independence, integrity and dignity of the judiciary", and an
insinuation that judges were lazy and overpaid.
The ANC committee chair on Tuesday also
accused the judges of undermining the Constitution by blatantly
undermining the authority and standing of the Chief Justice, Arthur
Chaskalson.
Chaskalson had participated in a five-hour meeting last week,
when all the issues referred to by the Judges President had been
addressed.
"It is unthinkable that certain of our Judges President could so
blatantly undermine the authority, standing and leadership of the
Chief Justice and the Deputy Chief Justice," De Lange said.
The committee was merely performing its oversight role over the
administrative - as opposed to the judicial - functioning of the
courts.
Political interference
"I can state without any fear of contradiction that at no stage
during the history of the judiciary of this country has the
independence of the judiciary been as firmly entrenched, promoted
and upheld, as in the case of the last few years."
He challenged any judicial officer to show one instance in which
a politician had interfered in the judicial functions of the
courts.
De Lange also slammed the "scathing and unwarranted" attack on
Maduna for not defending the judges.
Parliament was independent of the executive, and the committee
had a responsibility to oversee the justice department, a task it
had performed, through hearings, for the past 10 years.
"It is imperative that the justice committee, and even
parliament as a whole, are not to be intimidated or cowered into
submission by such unwarranted, unmandated and hysterical
allegations.
"No matter how shrill and hysterical the outburst, we must be
guided by the facts in this whole saga, not emotions," he said.
- SAPA