News24

Vavi defends Constitutional Court

2012-02-27 08:49

Johannesburg - Congress of SA Trade Unions general secretary Zwelinzima Vavi has defended the Constitutional Court, which is facing a judicial review by the government, according to a report on Monday.

"We remain convinced that there is no basis to reduce the powers of the Constitutional Court to review the decisions of the legislature or executive," Vavi said in Mthatha, in the Eastern Cape, at the weekend.

According to Business Day, Vavi said the Constitutional Court had handed down valuable judgments that "cemented key socio-economic rights for the working class majority".

Justice Minister Jeff Radebe is expected to announce the terms of reference for the Cabinet's assessment of the judicial system and the role of the judiciary in a developmental state.

Comments
  • ludlowdj - 2012-02-27 09:07

    The constitution does not give the government the power or lea way to make any changes to the constitutional courts power, that the ANC has it head so far up its rear end that it believes it does, shows just how far their dictatorial delusions have progressed. "No man can make himself emperor or king; a people sets a man over it to the end that he may rule justly, giving to every man his own, aiding good men and coercing bad, in short, that he may give justice to all men. If then he violates the agreement according to which he was chosen, disturbing and confounding the very things which he was meant to put in order, reason dictates that he absolves the people from their obedience, especially when he has himself first broken the faith which bound him and the people together."

  • Willie - 2012-02-27 09:08

    Vsvi i won't take you serious until you stop telling cosatu members that they must ote for anc,this is double standard and a mockery for our democracy

      Nyaziwe - 2012-02-27 11:45

      who do you want them to vote for then...be honest and tell us

      Graham - 2012-02-27 12:13

      Nyaziwe - why not let them vote for who they like? Unaffilliated unions can lobby with the party most likely to back them on an issue by issue basis..

  • TheyTookMyNickLaZynEko - 2012-02-27 09:10

    such a disappointment how the 'national government' doesn't realize what a crap job they are doing.

  • peterjohnjnb - 2012-02-27 09:42

    Of late Mr. Vavi has been making all the right noises....sounds to me like someone maybe planning a career in politics perhaps?......

      victor.kaumba - 2012-02-28 13:16

      reminds me of my former president (Late Fredrick Chiluba)

  • Daniel - 2012-02-27 09:45

    the working class majority... I think that should be the unemployed majority

      Daniel - 2012-02-27 15:05

      True Tshililo... but they claim to speak for the majority of South Africans when they coin the term "working class majority". Understandably in political rhetoric working class generally includes the unemployed - I just wanted to highlight (as you have said) that the unions only represent the employed and that their policies may be contributing to the massive unemployment affecting our country

  • Vasa - 2012-02-27 10:28

    No one is challenging the existence of the constitutional court. There are 3 arms of Gvt, The Executive, The Judiciary and the Legislature. Decisions made by one arm should not be overulled by the other arm. The recent case of the the NDPP M. Simelane is a case in point. The Court ruled that the President did not apply his mind when making the appointment. Isn't that subjective? The court should have simply ruled about procedure not the actual appointee? If the right procedure was followed then so be it. Otherwise doesn't that mean the Executive will have to consult the court before making appointments?

      Wayne - 2012-02-27 11:13

      The one should overrule the the other if the decision was made in error or if the decision was made in conflict with the constitution. In this case the executive is not happy with some of the judgements the constitutional court has made. Therefore they want to 'review' the concourt. The decision for review should be made by the legislature, not the executive. It is not the role of the concourt 'transform' the country. It is the role of the legislature. The concourt rules whether or not something is in line with the constitution. That's why the first case to be brought before the concourt surrounding the 'secrecy bill' will be thrown out by the concourt. The piece o legislation is unconstitutional. @ vasa, are you suggesting that the executive should have the power to veto the concourt?

      Maredi - 2012-02-27 13:37

      Vasa, we may have all those arms of government as you call them. however the bottom line is our is a contitutional democracy. how difficult is it to understand that?

  • brett.macdonald1 - 2012-02-27 11:32

    What about Vavi for president? I've never quite understood why the president always has to come from the ANC in the Tri-Parteid alliance.

  • Matanje - 2012-02-27 11:47

    There has never in South Africa before been a test of strengths between democracy and kleptocracy. The anti-tribal ANC must really come to our rescue now to stop the kleptocrats within their midst otherwise world history will judge our ANC very harshly on her 100th's. Simplified, Mr Jacob Zuma and company are trying to make it easier for themselves to continue (without challenge by the judiciary) looting this country, through black racism, Nguni tribalism and the abuse of the great status of the ANC and its founding fathers and founding mothers like the AmaZulu's Pixley ka Isaka Seme and the EmaSwati's Queenmother Labotsibeni. If this review succeeds, or is even allowed to take off, South Africa can count herself as sunken to the bottom of the dustbin to live forever with the maggots in that trash-can of Eastern-Cape tribalism-cum-corruption introduced by Nelson Mandela back in 1994. What I personally fail to understand, is why people see a difference between Jacob Zuma and Nelson Mandela. If you adopted Mandela's freedom package replete with pro-Eastern-Cape tribalism back in 1994; go ahead and adopt Zuma's packages too! The Zulus must eat too, just like did "Mandela's Xhosas" from 1994 even under Zuma where those who occupied positions through corruption, are still protected by Zuma! IT GOES WITH THE TERRITORY! I am just sad for the poor Afrikaaner, Coloured or Venda, as mathematically speaking, they will only have their chance to eat in the Year Twenty-Eternity!

      Ben - 2012-02-27 16:41

      This is one aspect of the political spectrum that I and I am sure many others did not know about. Please write an article. It will help a lot of people to understand better. However, you can expect a lot of thumbs-down as that is what you get for speaking the truth.

  • Vusi - 2012-02-27 12:54

    it appears as though cde Vavi is standing on the other side of the fence. Only time will tell as to when he will come in the open.

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