ANC 'no threat to judiciary'

2006-02-09 08:50

Cape Town - Defence Minister Mosiuoa Lekota has scotched allegations that African National Congress is a threat to the independence of the judiciary.

"Whatever the sources of this disquiet may be, they cannot be founded on any official decisions or actions of (the ANC)," he told the national assembly on Wednesday during debate on President Thabo Mbeki's state-of-the-nation address.

Lekota said the ANC was the majority party that had voted the Constitution into law.

"We have repeatedly announced to the country our commitment to upholding the principle of an independent judiciary.

"We have respected each and very one of the decisions of our country's courts, going so far as locking up behind bars senior and very respected cadres and leaders of our organisation where the courts had found them guilty.

"Today, we sit in this House, without the deputy president of our organisation (Jacob Zuma), to a large measure, out of our deference to the ruling of the judiciary," Lekota said.

For far too long, the majority of South Africans had suffered under white minority rule, which had no respect for the independence of the judiciary - a regime that manipulated the judiciary to disenfranchise sections of the population.

"Because we have a full understanding of how democracy operates, we shall not create precedents that tomorrow may come back to haunt us or our children," he said.

Responsibility

The ANC would not shed its abiding responsibility to educate all communities to receive the findings of the courts with the necessary respect they deserved, however unpleasant such findings might be.

"Indeed in this regard, our movement will lead society.

"At the same time though, I must appeal to Members of this House, to avoid the tendency to apply the principle of respect for the judiciary selectively."

Innocence before being proven guilty in court should not be set aside on those occasions when "we are impatient to discredit members of opposing parties".

"That is indeed undermining our courts, and a threat to the independence of our judicial system."

Democracy demanded self-discipline, and everyone had a right to the views they held dearly.

But when the majority adopted an opposing view, the minority had to have such self control as to defer to that majority, Lekota said.

- SAPA