Judicial independence 'assured'
2005-06-10 16:20
Cape Town - President Thabo Mbeki has assured incoming Chief Justice Pius Langa and his deputy, Judge Dikgang Moseneke, of the African National Congress's commitment to judicial independence.
He said on Friday: "As judges Langa and Moseneke assume their new responsibilities at the apex of our judicial system, we, the movement that led the sustained offensive to defeat injustice, tyranny and brutality, must assure them that we will, in word and deed, respect their right and duty to carry out their tasks as part of an independent judiciary."
Writing in the ANC's online publication, ANC Today, Mbeki said: "Whenever we believe we have cause to criticise their decisions as well as those of the rest of the judiciary, we must undertake to do so in a manner that is 'fair and informed; that is in good faith; that does not impugn upon their dignity or bona fides; and above all that does not impair their independence'.
"We will also do so understanding that imperfection, including judicial imperfection, is inherent in all evolution, and that it is the essential energy which propels us to grow and mutate to new levels of intellectual and spiritual maturity," he said.
Has heavy responsibility
The ANC prided itself on its historic role as the leader of the struggle that led to democratic victory.
It had a continuing and heavy responsibility to discharge its obligations as the principal architect of the evolving democratic order, and the leading combatant for the defence of the gains of the democratic revolution.
Those gains included genuine respect for the constitutional order, the guarantee of the independence of the judiciary, and the acceptance of the judiciary as an integral part of the South African community it served, able to function properly because it enjoyed the complete trust and confidence of the community.
'Will respect the directive'
"As they commence their duties, the new leaders of our judiciary, Chief Justice Langa and Deputy Chief Justice Moseneke, must know that we will respect the directive handed down by their former learned friend and comrade-in-arms, (former Chief Justice) Ismail Mohamed.
"As Ismail Mohamed directed, we will not, by undermining the independence of the judiciary, give space to 'the incremental and invisible corrosion of our moral universe, which is so much more menacing than direct confrontation with visible waves of barbarism', to which we were victim during three-and-half centuries of colonialism and apartheid," Mbeki said.
- SAPA