Nothing wrong with ANC's criticism of court ruling - Masutha

2017-05-18 19:43
Justice Minister Michael Masutha. (Lindile Mbontsi, City Press)

Justice Minister Michael Masutha. (Lindile Mbontsi, City Press)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Video

'We are here, we mean business' - Malema on #SecretBallot hearing

2017-05-15 16:30

Opposition parties, including the EFF say allowing for a secret ballot to be held during the motion of no confidence vote in Parliament will allow members of the house to feel safe enough to vote with integrity.WATCH

Cape Town - There is no rule against the state or citizens criticising court judgments and it aids democracy, Justice Minister Michael Masutha said on Thursday.

"I would err on the side of wanting to promote dialogue within society, rather than inhibit it," he told reporters ahead of his department's budget vote.

He was asked to comment on the ANC's recent criticism of the North Gauteng High Court in Pretoria's ruling that President Jacob Zuma provide the Democratic Alliance with the reasons for his Cabinet reshuffle in March.

"I don't think there is a rule that judges and judgments may not be criticised if they are wrong. The judiciary itself criticises each other."

He cited a euthanasia case which eventually found its way to the Supreme Court of Appeal, which had "strong words" about how the lower court handled the matter.

"There will be criticism that will help to refine and improve our system. It may not always necessarily be a bad thing."

He said SA would continue to refine its constitutional democracy and that active citizenry and participation from both the state and citizens was required.

READ: Court decision on cabinet reshuffle puzzling - Mkhize

'Political posturing'

The African National Congress last week said Judge Bashier Vally's reason for ruling in favour of the DA's application that Zuma furnish them with his reasons was "politically motivated".

"The Constitution of the republic says the president must appoint ministers and deputy ministers and assign them roles. That decision, as well as the decision to dismiss a minister, is political," national spokesperson Zizi Kodwa told News24.

"The judge's ruling and reasoning is political. This is a judge who has taken a particular political posture. It is not only judicial overreach, but undermines the judiciary itself."

Kodwa said the party would encourage Zuma to appeal Vally's judgment or have it reviewed.

Vally handed down a written judgment on March 9, in which he explained that his decision to rule in favour of the DA was because of a rule governing high courts which relates to reviews of decisions.

Rule 53 of the Uniform Rules of Court was established to regulate on a national basis the procedure to be followed in cases of all types of review, whether based on statutory or common law.

Vally said for the last five decades, courts had been able to perform their judicial functions because of this rule.

"Rule 53 was promulgated at a time when executive decisions were not subject to review," he said, referring to when SA was a parliamentary democracy during apartheid.

"Subsequently, with the enactment of the Constitution and the development of common law since its enactment, these decisions, as the president acknowledges, are subject to review."

Read more on:    da  |  anc  |  jacob zuma  |  michael masutha  |  cape town  |  judiciary  |  politics

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

Inside News24

 
Watch: Investing in the future through child development

An investment of R32-million into 11 early childhood development centres is changing the future for children in the Northern Cape.

Partner Content
What all investors should know about index investing

Index-linked investments are growing fast in popularity globally, and are growing in size and complexity too.

/World
 

Makeover saves dog’s life

Lucky Charlie got a complete make-over that helped him get adopted.

 
 

Paws

For the love of Corgis!
Can we communicate with our pets?
8 great natural remedies for your pet
Buying a puppy? Don’t get scammed!
Traffic Alerts
Traffic
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.