'Judiciary must be independent'

2003-06-17 09:42

Cape Town - The government unequivocally supported and respected the independence of the judiciary, Justice Minister Penuell Maduna said in a statement.

"This is demonstrated by the government having abided by a number of decisions given against it by our courts, without taking any steps, legislative or otherwise, to circumvent those judgments. We believe that this is the hallmark of a true democracy," Maduna said.

He was reacting to a row between the parliamentary justice committee's chairperson and six of the country's most senior judges to reaffirm the government's commitment to an independent judiciary.

His statement on Sunday was also a bid to distance the government from the ferocity of parliamentary justice committee chairperson Johnny de Lange's counterattack.

Maduna was singled out for criticism at a special meeting convened in Cape Town of most the judges president of the various divisions of the country's high courts.

The judges said that "while utterances by ill-informed politicians are to be deprecated, we feel particularly distressed by the attitude of the minister of justice who, either actively associated himself therewith or if not, failed to take any steps to dissociate the government therefrom."

This was read out from a prepared statement by convenor of the meeting Western Cape Judge President John Hlophe. The meeting took place in the Cape High Court and lasted six hours.

Maduna's lengthy statement was issued by the office of the chief state law adviser on the eve of Tuesday's parliamentary debate on the justice ministry's annual budget.

Maduna vowed to deal with the matter in parliament on Tuesday and said that he would meet De Lange to discuss his reported remarks.

"I shall discuss the statements allegedly made by De Lange with him to consider what steps should be taken by me, including steps to address the issues which he has complained about."

Maduna said he would also meet Chief Justice Arthur Chaskalson to discuss the row.

He said Chaskalson had raised concerns expressed by the Judges President with him last week.

"I did indicate then that the appropriate forum in which to respond would be parliament. I intend to do so during my budget vote on Tuesday," the minister said.

Maduna said no plan existed to undermine the independence of the judiciary and no steps were contemplated.

"In my capacity as minister of justice and constitutional development, I meet with the judges from time to time to discuss matters of mutual concern.

"Some of the issues which are discussed relate to salaries, conditions of service generally and the whole question of the transformation of the judiciary."

Maduna said it would be unfortunate if the statements allegedly made by De Lange were viewed as being part of a (non-existent) attempt to undermine the independence of the judiciary.

He said the judiciary was also accountable to the broader South African public and the statements made by De Lange should also be viewed in that context.

However, the language used by De Lange to express himself on the issue, if they were correctly reported, left much to be desired, the minister said.

Maduna said he was mindful of the long hours which judges worked, the time it took to research and write judgments and the general conditions under which judges performed their functions.

- SAPA