Govt can't prescribe to MPs

2003-06-17 20:39

Cape Town - Justice Minister Penuell Maduna has again said government respects the independence of the judiciary, but warned judges against making "snide ideological attacks" on the executive.

Opening debate on his department's budget in the national assembly on Tuesday, the minister criticised a recent statement by the country's Judges President, complaining of interference in the judiciary.

"No plan or intention or inclination exists to undermine its independence and no steps are contemplated to do so."

An informed and constructive public debate on the judiciary as an institution could not be said to be a threat to the institution and its independence.

"What we as a people must surely not countenance are occasional snide, ideological and political attacks launched on the executive by some judges cowering behind judicial independence," he said.

Maduna was responding to a furore over comments by Johnny de Lange, the ANC chair of parliament's justice portfolio committee.

De Lange had complained judges were paid too much for too little work, leading to an angry response from the country's top judges.

The minister was singled out for criticism - at a special meeting convened in Cape Town on Friday of most the judges president of the various divisions of the country's High Courts - for not defending the judiciary.

Maduna described a statement by the judges, read out by Cape Judge President John Hlope, and backed on Tuesday by the Transvaal Acting Judge President, as "unexpected and unnecessary".

Govt 'cannot prescribe'

He was also astounded by the Democratic Alliance statement over the weekend suggesting he ought to hold De Lange "in leash".

The legislature was independent of the executive, and government could not prescribe to MPs.

The minister stressed he had never done or said anything that could be described as a repudiation of the parliamentary committee chair.

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.

The judiciary competed with other sectors of society for scarce resources.

Therefore questions of productivity, the efficient and effective utilisation of resources and technology, skills development and training, were issues pertinent to the judiciary.

Mindful of judges' work

It was most unfortunate if statements on these matters were viewed as being part of an attempt to undermine the independence of the judiciary.

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

However, he would talk to De Lange about his statement, and would also meet Chief Justice Arthur Chaskalson to discuss the issue.

"In the meantime, we would all be well advised to refrain from saying or doing anything that is remotely likely to worsen the situation and undermine people's confidence in the judiciary as an institution," he said.

- SAPA