News24

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.

Comments
  • bernpm - 2011-11-28 18:52

    "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." ..and then let Tigerbrand get away with price fixing, spread the coloured community all over the country and let de Black Management Forum advise cabinet how to run its business without being found out. The Manyi democracy!

  • Burtfred - 2011-11-28 19:26

    Manyi, Meet me tomorrow morning at 8am behind the bicycle shed. Come alone, I will be alone. I would like to re-orientate and instruct you as to how things are going to be from now on. You are such a racist woess, I bet you won't pitch. Without your heavyweight ANC gangsters behind you, you are a nothing.

  • Larry - 2011-11-28 19:48

    This must be resisted. The ANc gets hold of the Judiciary and we may as well move to Zimbabwe.

  • PeggySven - 2011-11-28 20:14

    The fact that the executive is elected, does not give it Carte Blanche to create laws that are in direct opposition to the Constitution that is the final arbitrator of legality. The real problem is that the Constitution is not free of the Executives influence, thus the appointment of Mogoe Mgoe to the constitutional Head.

  • Cracker - 2011-11-28 20:15

    But why no comment from the one person one would expect it most? The new appointee who heads the court. What has he to say? He must surely have an informed view to share with the rest of the country. He took that position as also a symbol of the independence of our legal system. One expects him to speak up.

  • Johnnie - 2011-11-28 21:01

    How bizarre can some people be. Surely this is to make way for something in the offing.

  • ludlowdj - 2011-11-29 09:33

    The ANC doesn't and never has wanted a democracy, they wanted a one party dictatorship from day one. Even though we do not really live in a true democracy, rather the Americanized semi-dictatorship version, we must at all costs force government to accept that they are not only replaceable, but are in fact on the brink of being thrown out by the people. South African's are in the unique position of being able to show the world what a true democracy is and how the governments of the world can not only be held accountable, but must by the very definition of the word democratic be held answerable and accountable by the people.

  • Shocktees.co.za - 2011-11-30 14:38

    right...so let's get the presidency to evaluate one of the few things that is working in SA, while the presidency's own evaluation committee doesn't seem to be evaluation anyone, least of all the president, who is inept. The only time the pres does seem to come out whatever 5-star woodwork he is lodged in is to say something really stupid like "no MPs will have their bags scanned anymore."

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