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Judges not anti-government, says Moseneke

2011-09-29 22:31

Cape Town - There is "no place" to suggest that judges have an agenda against the government, Deputy Chief Justice Dikgang Moseneke said in Cape Town on Thursday.

Moseneke told a packed lecture hall at the annual Claude Leon human rights lecture at the University of Cape Town that every judge on the Constitutional Court approached their work with "remarkable sincerity".

"There is no place for attacks on judges suggesting a arcane dishonest agenda against the government," he said.

Moseneke said questions had sprung up about the legitimacy of the Constitution in the past months.

He said that all judges knew that they must find that "rich equilibrium" between constitutional supremacy and the will of the people.

"Quite often they do so admirably," he said.

The function of the Constitutional Court, he said, was "ultimately supportive of democracy" and upheld protections that ensured democratic practises.

Constitutional supremacy was needed to protect against abuse of public power and that a robust constitution could make the government "stronger, more responsive, predictable, just, consistent and legitimate".

The government had "by and large" implemented orders of the court.

Moseneke joked about his "public admonishment" of Chief Justice Mogoeng Mogoeng for his "long" 47-page presentation when he was interviewed for the post by the Judicial Services Commission earlier in September.

"You've seen me publicly admonish people to ask how many pages to go through," he said to laughter.

"I have to confess I have 20 pages."

Comments
  • Mandla - 2011-09-30 01:33

    Its true Mr Deputy,by the way its not what the ANC wants but what the people want.Realy you as a judge are not against the governmant but are against the ANC.Thanks Mr learned judge you are a star

  • leonard - 2011-09-30 06:36

    Mandla,I am trying to decipher your comments but to no avail.Everything you say is a contradiction in terms.The judge and others like him are anti nobody or any organ of state or political party.This is the crux of what he has said.How can you claim therefore that he is anti ANC and call him a star.Please take your pills and medicine,wait for same to kick in,think, and then post your comments.

  • leonard - 2011-09-30 06:57

    My only concern at what the judge has said is that one point, being"by and large".In my book it is all or nothing.Government by implication can not pick and choose what rulings they like or dislike.

  • Born To Fish - 2011-09-30 07:20

    The ANC wants to be in full control. They want to do as they please and want to be above the law.

  • Kale - 2011-09-30 08:02

    Judges aren't anti government, it government that's anti law.

      BigR - 2011-09-30 08:12

      Agree 100%...if you break the law or act unconstitutionally, the judges are "going to be against" you!

      Felix - 2011-09-30 08:40

      lol, too true.

  • Freelance Writer - 2011-09-30 08:10

    The anc can't handle a judgement that goes against their kleptocratic feudalist agenda.

      Boerseun - 2011-09-30 08:38

      We should not take on the organization only, but the human beings in that organization on a personal level.

  • Vince York - 2011-09-30 08:32

    Mentality and concepts develop attitudes and the current ruling regime has its back up against the wall, similar to the Black Business Forums - where they have not transparently "talked the same language" especially in politics and money - and are now forcefully isolating themselves in what used to be termed the afrikaner laager mentality - in a desperate whim to hide their criminality! Meanwhile, even the educated stalwarts/leaders of the regime and the rest of civil society is demanding that they adjust their focus and remove the built up silo walls and return to "normalized South African society viewpoints". Our so called president and a variety of others have expressed the desire for open dialogue! The EU is busy thrashing out dire circumstances even affecting us through open dialogue! Obama in the USA is doing the same and castigating the whining black population to "get off their backsides" and get down to the matter of 20 million scarce jobs available to them! THE ENTIRE WORLD is opening to transparent dialogue EXCEPT the previously "advantaged BEE component of SA" as well as currently. It boils down to a matter of the ADVANTAGED do NOT appreciate the equity & wealth they have gleaned BUT NEVER EARNED! This is the missing item even being referred to in young bloggers articles these days about "we have attained all the riches but ended up with nothing other than empty hearts and souls"!

  • carjan - 2011-09-30 08:35

    The writers below are perfectly correct and so is the Hon judge - the anc is anti RULE OF LAW - the judiciary applies the rule of law and justice - the anc is far to corrupt to understand that - not even their mantashe understands that - thanks mr Judge - judges are the tools of justice - PLEASE LET JUSTICE PREVAIL - RSA cannot afford these anc mongooses

  • Boerseun - 2011-09-30 08:37

    Dear Judge Moseneke: Remember that you should always judge in such a way as to protect "We the PEOPLE" as the constitution says, not the PERSON, thus legal enities such as the state, the president etc etc. We the people, natural man, human beings etc, are not dead enitities, nor fictions, nor figments of imangination and we demand justice done under common law, free from color of law. May I also urge you to always enter your oath of office into the record before touching any case andplease force all magistrates and other judges to do the same. That will be an endless help to us "the people".

  • Trueblue - 2011-09-30 08:46

    It's not the courts that are the opposition. It's the ANC that's in opposition to the Constitution. They need to be reminded quite often that we are a constitutional Democracy, and not a one-party national socialist tyranny that subverts the will of the people and tells the people how to think, speak and do. That died in 1991 with the CODESA negotiations.

  • GMan - 2011-09-30 08:51

    What an honorable man

  • Fighter - 2011-09-30 09:38

    All are eqaul before the law including statemen. However the Judiciary System must take a note and appriciate the role played by other democratic institutions such parliament. Judiciary its not outside the democratic govnerment system.

  • Chabi - 2011-11-01 23:00

    Get Lost, bitter man ... you do not even know what "conflict of interest" is, but not for long you will be taught.. take your 3 months Leave and then the real Lecture must begin..

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