Govt defends ConCourt assessment

2012-02-23 13:36
Cape Town - The government maintains that a proposed assessment of the Constitutional Court's judgments is not an attempt to undermine judicial independence.

Spokesperson Jimmy Manyi said on Thursday that Cabinet had reinforced both President Jacob Zuma's message and Justice and Constitutional Development Minister Jeff Radebe's statement by "welcoming debate and discourse which is characteristic of our constitutional democracy".

Cabinet held its regular fortnightly meeting on Wednesday.

Manyi said in Cape Town that the justice and constitutional development department further clarified the point that this "is an assessment of the impact of the judgments of the Constitutional Court on the transformation of society".

"It is also an evaluation of the impact of our jurisprudence on the democratisation process," he told reporters.

Independence


"Cabinet advises that this should not be misconstrued as an attempt to undermine the independence of the judiciary and the rule of law as entrenched in our Constitution."

Last week, the Star newspaper reported that Zuma wanted to review the Court's powers.

"We don't want to review the Constitutional Court, we want to review its powers," Zuma said during an interview.

"It is after experience that some of the decisions are not decisions that every other judge in the Constitutional Court agrees with."

He questioned the logic of having split judgments and said judges were being influenced by the media.

"How could you say that [the] judgment is absolutely correct when the judges themselves have different views about it?" Zuma told the newspaper.

He said that if decisions by Parliament could be challenged, there was nothing wrong with questioning the judiciary.

Criticism

This has been strongly criticised from various quarters.

Among others, Dene Smuts of the DA said Zuma would find he was on the path to a full-blown confrontation with the Constitutional Court if his remarks really "mean what they seem to mean", because the court itself decided the constitutionality of constitutional amendments.

"It is apparent from the president's remarks that irritation with some of the court's judgments lies at the root of the desire for review," she said.

Also last week, the Black Lawyers' Association (BLA) said the executive and the legislature did not have the power to amend or review the Constitutional Court's powers.

"The only way... is to divorce the current constitutional democracy and remarry parliamentary sovereignty," BLA president Pritzman Mabunda said.

If this route was followed, it may be subjected to constitutional scrutiny by the Constitutional Court, which was the subject matter, he said.

- SAPA
Read more on:    da  |  anc  |  jimmy manyi  |  politics  |  judiciary
NEXT ON NEWS24X
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
33 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Music
 

17 photo illusions that look so real

What if they aren’t illusions? What if that dog really has a human foot – then what?

 
 

For chic geeks...

It’s THIS easy for someone to steal your ATM pin!
Check out the speed of this robo-cheetah!
New GIF keyboard on iOS for added fun!
Puppy goes crazy over iPad game

Jobs in Cape Town [change area]

Property [change area]

HOUSES FOR SALE IN Somerset West

Houses R 1 595 000

HOUSES FOR SALE IN Paarl

Houses R 1 970 000

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

Don`t judge so quickly or expect too much, be more accepting and understanding and make space for fun and spontaneity. ...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.