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
SHARE:

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

 
/Fashion
 

6 life hacks you simply have to know

A few simple tricks can make your life so much easier!

 
 

For chic geeks...

Device lets disabled people talk through their nose
It’s THIS easy for someone to steal your ATM pin!
This is why you should install iOS 8
17 photo illusions that look so real

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Pre-order your iPhone 6 at kalahari.com

Hurry and pre-order your own iPhone 6 now at SA’s favourite online store!

Bargain box – 60% off

Reduced prices, very limited stock. While stocks last. Hurry and shop now!

Mind blow low prices on electronics

Get either the Prestigio multiphone or Proline tablet 7” tablet for only R699. Offers valid while stocks last. Shop now!

30% off Barbie toys

Save 30% on all Barbie toys and accessories. Offer valid while stocks last. Shop now!

Baby extravanganza month at kalahari.com

Celebrate baby month with a wide range of awesome baby products. Offers 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

Horoscopes
Aquarius
Aquarius

Your sense of duty is emphasized and you may put your heart and soul into helping, serving and being there for the community in a...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.