Legal groups take Zuma to court

2011-06-15 10:57

Johannesburg - Two legal groups launched a court application on Wednesday to challenge the legality of President Jacob Zuma's decision to request that the Chief Justice of the Constitutional Court stays on beyond his tenure.

"This infringes upon the principle of the separation of powers, the rule of law and the independence of the judiciary that are the very cornerstones of our constitutional architecture," said Sipho Pityana, chairman for the Council for the Advancement of the SA Constitution (CASAC) - which is taking the court action alongside the Centre for Applied Legal Studies (CALS) at Wits University.

"If a Chief Justice is unilaterally appointed by the head of the executive there will inevitably be a suspicion or perception that he or she is beholden to the person that has the power to appoint."

CASAC and CALS are seeking a hearing in the High Court in Pretoria on July 19.

This came after Zuma announced on June 3 that he had decided to extend Chief Justice Sandile Ngcobo's office term.

His current terms expires on August 15 after a 12-year stint as a Constitutional Court judge.

"However President Zuma announced on 3 June 2011 that he had decided to extend the term of the Chief Justice for a period of five years, from 16 August 2011 to 15 August 2016.

"The extension was done in terms of section 8(a) of the Judges Remuneration and Conditions of Employment Act, 2001. In this statement from the Presidency it was noted that the President had merely informed the political parties as well as the Judicial Services Committee of his decision; it did not claim that he had consulted them," CASAC said in a statement announcing the court action.

The Constitution says that a Constitutional Court judge may hold office for 12 years or until he or she is 70-years-old, whichever comes first, "except where an Act of Parliament extends the term of office of a Constitutional Court judge".

The two legal groups are arguing that in this case, the President extended the term, and not Parliament.


  • Rover_ZA - 2011-06-15 11:16

    Disregarding the constitution, even if someone is doing a "bloody good job", should be challenged. I don't see why the proper process wouldn't be followed, given how bureaucratic governments are, if there was such confidence in him. If he is doing as good a job as suggested then he should be appointed for continuity's sake, but through the correct process otherwise it will elicit needless doubt from the public.

      Gazza69 - 2011-07-29 12:13

      Someone give Zuma a bells...(preferably spilt not served!)

  • motsokwane - 2011-06-15 11:22

    This is an intelligent legal challenge, not the K%k stories challenges we hear about afreeforum.

      Kpt_Keyboard - 2011-06-15 11:28

      yawn.... troll

      Mike - 2011-06-15 12:10

      Go back into your mud hut where you belong

      Christo - 2011-06-15 12:13

      That's Afriforum.

      Trotse-Wit-Afrikaanse-Boer - 2011-06-15 13:28

      Well It is about time. Now we can just wait and hope the rest of the ANC ministers will end up in the same boat. Because we all know that the ANC and all its members is proud sponsors of CRIME & CORRUPTION in South Africa since 1994, and they practiced it since F.W. de Klerk sucked Mandela's pr!ck. Just go to You Tube and search for "Her Name is ms Ann" watch that video and see for yourself. And make your own mind.

      Kpt_Keyboard - 2011-06-15 14:10

      Trotse wit, i agree with u. They dont wana c the truth and facts. Its proven scientificly and its proven every day! Why are every1 so blind? skynheilige blik$3m$ as jy my vra en daaivark staan eerste in die ry! kry balle en stop blind wees vir die waarheid!

      Trotse-Wit-Afrikaanse-Boer - 2011-06-15 15:20

      Daaivark, I stand for what is right and see everything what happened and is happening in South Africa. F.W. de Klerk got alot of money for handing over this country to ANC (Mandela). Nelson Mandela won the Nobel Peace Prize, but did you know Nelson Mandela & F.W. de Klerk shared this Nobel Peace prize and that they shared the money wich was $1.5million alot of money back then, bet you did not know that. They always speak of Nelson Mandela a Nobel Peace Prize winner they will never say Nelson Mandela a Nobel Peace Prize winner wich he shares with F.W. de Klerk. This is because they both are corrupt and we got sell out. Martines van Scalkwyk was the new head of the NP and then called it the NNP what happend a few years after that? The NNP was taken over by the ANC and van Scalkwyk was pleased to be so corrupt and acceprted the money. F.W. de Klerk's son is having afaires with 3 or 4 diffrent coloured woman and have baby's with 3 diffrent. F.W. de Klerk got his wife killed because he had an affaire also and is now married to the woman he had an affaire with. So you see daaivark this country's leaders was corrupt from F.W. de Klerk...

      VADERLAND - 2011-06-15 18:19

      Listen guys Amen. I'm sure glad to see I'm not the only one seeing the light. It's good that you take pride in your identity and make no excuses for it. Good shot guys

  • Barry - 2011-06-15 11:31

    Buddy buddy

  • Badballie - 2011-06-15 11:31

    another waste of time, what make you think after he got away with Rape and accepting back hands that anything will change now!

  • Mswati - 2011-06-15 11:45

    This is just a publicity stance and a waste of our tax monies

      thinkza - 2011-06-15 11:52

      Exactly. The government can save a lot of the taxpayer's money when they keep their mouths shut and do their work properly without corruption.

      Tolerant - 2011-06-15 12:12

      Yes, Zuma should back down and save tax payers money this way.

      onetickie - 2011-06-15 15:47

      @Tollerant: he's too arrrogant to back down. If he had to pay personally for this for this court hearing then maybe he would back down but because its not his money he is playing with, he'll go ahead.

  • Pfffft - 2011-06-15 11:50

    Why does the anc not just get on with it and declare a dictatorship? It would save a lot of time and money. Democracy is an alien concept to them and most of Africa.

      NO-BULL - 2011-06-15 12:30

      Fear, I think! The world loves Mandela for "bringing equality" to South Africa. The world will condemn Zuma for taking that away again. Next thing you know the US will be dropping bombs on RSA to 'help' the civilians against the dictator. As dumb as he may be, squaring up to the US... at least he isn't that stupid. I think fear prevents him from declaring a dictatorship...

  • jakes - 2011-06-15 12:05

    About time, that excuse for a president should be behind bars.. He is a crimminal and raping this once beautiful country!!!!!!!!!!!!!!!

      paulf - 2011-06-15 12:44

      Don't forget he had rape charges against him as well as fraud and corruption!!!

  • biskit - 2011-06-15 12:07

    He will be singing his Trade Mark song again "Umshiniwam"

      Wizard101 - 2011-06-15 14:27

      Trots ons kry die punt rerig nou

  • 106SA - 2011-06-15 12:28

    The ANC just simply run a circus and Zuma is the present ringmaster!They will cheat,steal,plunder and 'dis'govern,until the cows come home!!!It'll never change....we all know that..dont we?

  • tailormade - 2011-06-15 13:12

    Reading all the comments, I can reach only one conclusion: There are a few very bored individuals out there, judging by the amount of troll-like activity on this forum. I don't care how these trolls look, it's just very very very sad that people don't want to (or can't) add semi-intelligent opinions for discussion. Instead, they rather choose to pollute their own brains by thinking up the useless crap they produce. Their are so many commentators here that give me a lot of food for thought, just a pity about the few oxygen thieves.

      onetickie - 2011-06-15 15:52

      You cannot have/add a semi-intelligent opinion for discussion with the topic is about the ANC's corruption, theft of public funds, fraud, hate speech and so much more. You cannot have an intelligent conversation with empty vessels who always make the most noise.

  • ESTIE - 2011-06-15 13:29

    This is crazy, they know very well that they going to loose. They are crazy like poeple who comment here on daily basis about the same thing over and over again. Zuma this, Malema that, ANC that, Racist... blaa blaa> you guys complain too much about something that you cannot do anything about it. If the President goes to court it has nothing to do with any of you. Your comments are just uselessbecause the decion on whether he is guilty or not is determined by court not you. I suggest if you all agaist the uling party to wait for the next election. This is the opnly platfom where you have an influence.

  • York Hunt - 2011-06-15 13:31

    All the king's horses and all the king's men. It's really quite simple peeps. Put YOUR cadres in positions that matter. Power, power, power!

  • Georgie Porgie - 2011-06-15 13:46

    Justice delayed is justice denied eg: the arms scandal. It's public knowledge that the three main kingpins behind the arms deal were: (1)Thabo Mbeki (2) Alex Irwin (3) Trevor Manuels. Now the point is by the time the truth of all this comes out these three will either be long time dead and buried or well into retirement. (Not to mention all the other Yen(genies) of this country.Does anyone really and trully think that Zuma and his clan give a continental. They will soon be "well off" into retirement. Do people genuinely believe that they serve the country rather than themselves. The Deception is quite astounding. None are more hoplessly enslaved than those who falesly believe they are free. For evil to flourish requires good people to do nothing. One wants to say rise up people; but sadly the spell of the powers that be (only for a season though) still have the people blinded where they look but do not "See" that the king is naked and those that do see know it's not yet "PC" correct to say so.

  • Stanley Black - 2011-06-15 14:08

    The VO assessment was developed to measure the influence consciousness factors and high level organizing frameworks have on the manner in which an individual utilizes his/ her capability and personality. It thus, reflects individual’s worldviews, their assumptions about life and how they establish priorities.

  • onetickie - 2011-06-15 15:42

    Good news. Its time the floor was wiped by this idiot and all's the pity he's not had Cosotu+followers kick him out of office. He's an embarrassment to South Africa. He should exported exported to live out the rest of his life in Zimbabwe with black mad bob hitler. And take jARSE with him to do their gardening.

  • Anonymous Thinker - 2011-06-15 18:22

    Makes you wonder what Zuma or one of his "friends" has done wrong now?? Why else would he want this man to stay on.....

      JMsays - 2011-07-18 13:05

      Its to say "thanks", for dropping the charges against Zuma.

  • Vince.York - 2011-06-15 19:05

    Gradually, as the new SA matures - the intelligentsia start coming to the fore at last and the brain-dead brawn start falling by the wayside amidst gross infighting. Lets just hope that there is still something left of real value to aspire to, which has not been sucked up by certain connected sponge families and connected. Big Congratulations to those concerned! We rid ourselves of oppressive regimes before and can do so again today! And to Trevor, AA is NOT still required in this country any longer! Think about that one a little more in depth and without your bias.

  • Babba x - 2011-06-15 19:39

    Die baas het gepraat. Hou op kerm want hy kan maak wat hy wil

  • Peter - 2011-06-16 08:10

    It would seem that our president has little regard for the law, and does it his way.

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