Resist ConCourt review, group urges

2011-11-28 18:35

Johannesburg - Any notion that the executive has the right to review the work of the Constitutional Court must be resisted, the Council for the Advancement of the SA Constitution (Casac) said on Monday.

"Otherwise we would be inverting the principle that South Africa is a constitutional democracy rather than a parliamentary democracy - a principle that was at the forefront of the struggle for liberation and one which guided the Constitutional Assembly in its tasks," Casac said.

However, any credible and non-partisan evaluation of the social and economic trajectory of the country since 1994, should not be shied away from.

Casac said attempts to make the Constitution and the Constitutional Court the scapegoat for shortcomings of the transformation of South African society should be opposed.

"Such endeavours would be mischievous and self-serving," the council said.

Any credible assessment of the Constitution should be carried out by an independent and reputable institution.

It should also review the impact of the roles of the executive and legislative branches of government in the pursuit of the goals and principles of the Constitution.

Last week, government spokesperson Jimmy Manyi said the Cabinet had decided to have an assessment done on the judgments of the Constitutional Court, and the work of the Judicial Service Commission and the Magistrate's Commission.

- SAPA