ConCourt assessment strange, DA says

2011-11-24 21:27

kalahari.com

  • The Futurist
    World governments, corporations, and leadership forums Was R380.95 Now R342.86
    buy now

Johannesburg - Cabinet's decision to assess the Constitutional Court's judgments was "one of the strangest proposals to date", Democratic Alliance MP Dene Smuts said on Thursday.

"It will inevitably be seen as a sinister attempt to bend the bench to the executive and the ruling party's will, especially given the recent spate of hostile comment from such persons as ANC secretary general Gwede Mantashe and Deputy Correctional Services Minister Ngoako Ramatlhodi, and the fact that it is common knowledge that certain judgments are unpopular with the ANC," she said.

Cabinet spokesperson Jimmy Manyi said earlier on Thursday that the assessment would be part of a broader look at the transformation of the judicial system and the role of the judiciary in a developmental state.

It would seek to ensure that the judiciary "conforms to the transformation mandate as envisaged in the Constitution" in terms of non-racialism, gender, disability and other transformational variables.

It would also examine access to justice on all levels of the courts, from the lower courts through to the Constitutional Court.

The third focus would be to affirm the independence of the judiciary, that of the executive and of Parliament to promote independence and the interface necessary to realise transformation goals as envisaged in the Constitution.

The assessors would also want to see whether Constitutional Court judgments were having an impact on socio-economic issues.

However, Smuts said: "Cabinet's decision to subject the judgments of the Constitutional Court to research in order to see how they have influenced inter alia socio-economic transformation must rate as one of its strangest proposals to date."

The courts were not an instrument of government policy whose output could be measured on performance indicators and other governance criteria.

"They are there to give authoritative interpretation of the Constitution and the law."

She found it difficult to believe that Justice Minister Jeff Radebe would have come up with the idea as he had consistently respected the doctrine of separation of powers.

The assessment was reminiscent of the National Planning Commission's "Vision 2030", which suggested that "progressive" judges should be appointed against the background of the country's socio-economic context.

"Will candidates have to demonstrate progressive political or economic credentials?" she asked.

Comment was not immediately available from Chief Justice Mogoeng Mogoeng, who leads the Constitutional Court, or from the Judicial Service Commission.

- SAPA

Read more on:    jsc  |  jeff radebe  |  mogoeng mogoeng  |  jimmy manyi  |  gwede mantashe  |  ngoako ramatlhodi  |  judiciary
NEXT ON NEWS24X

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
40 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
 
Traffic
Lottery
 
  • Thursday Delft - 05:49 AM
    Road name: R300 Southbound
    ROADWORKS - right lane closed at Hindle Road
  • Thursday Sir Lowry's Pass - 05:35 AM
    Road name: Old Sir Lowrys Pass Road
    TRAFFIC LIGHTS not working at Bezweni Road
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

BlackBerry Curve 8520

Wi-Fi enabled With the BlackBerry Curve 8520 connect to your home...

From R1100.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

You may be required to travel or get information for your job. This may be restricting in some way or something may slow things...read more

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.