Govt, judiciary mending fences

2003-07-16 19:52

Johannesburg - President Thabo Mbeki reaffirmed the independence of South Africa's judges on Wednesday saying he believed relations between the government and the judiciary were sound despite a recent public row between them and senior political figures.

Addressing the opening of the judges symposium on the East Rand, he said: "Progress has been made in repairing the recent breach."

However, while the government upheld the separation of powers, he pointed to a recent the United States Supreme Court judgment which recognised that the judiciary should defer to the executors in political decisions.

He said the law "can be a teacher" helping to inform public behaviour, giving as an example legislation which protects disabled people.

Also addressing the conference, Chief Justice Arthur Chaskalson said: "Independence is a central tenant of the institution (the judiciary)."

"These (the principles surrounding judicial independence) are principles that your government has always respected," he told Mbeki.

Their importance was however not always understood by the public and judges needed to find ways to inform the public, he said.

Johnny de Lange

About a month ago South Africa's judges led by Chaskalson, met with Minister Penuell Maduna after an argument arose over statements made by African National Congress MP Johnny de Lange in parliament.

De Lange, the chairman of the National Assembly's Justice and Constitutional Affairs Committee, questioned judges' work ethics and said they were overpaid.

Cape Judge President John Hlophe and several other judges-president reacted angrily to de Lange's statement, which he did not retract.

Without mentioning de Lange at all, Chaskalson made a renewed call for the maintenance of judicial independence.

Chaskalson was also careful to say that judges have a corresponding duty to "conduct themselves in ways that will enhance their reputation and not bring the institution into disrepute".

Accountable

"We, like everyone else vested with public power, are accountable for the way we exercise such power."

Judges were the main agents for transformation, Chaskalson said.

"In one sense we are the umpires to ensure that growth, development, transformation, including the positive obligations that the constitution imposes on the state ... we are however more then umpires for we also have an important role in defining the legal framework within which society must function.

Chaskalson highlighted the importance that "persons of integrity and ability" be attracted to the judiciary.

He said judges' salaries were not high in comparison to their peers in other avenues of legal practise.

He said it was therefore important to ensure appropriate conditions of service and that judges and other members of the judicial services were respected as part of an institution, and valued for this part.

He spoke in favour of transformation, saying "equity and common sense" demanded this.

- SAPA