Independence of judiciary 'not at risk'

2012-03-02 08:50

Johannesburg - The government's decision to commission a study on Constitutional Court rulings has "no agenda", ANC treasurer general Mathews Phosa said on Thursday.

"We have no agenda to interfere with the independence of the judiciary, nor to diminish its powers and authority," he said in a speech at an ANC centenary event in Delmas, Mpumalanga.

"We believe firmly in the separation of powers between the judiciary, the executive and the legislative institutions. We respect the Constitution of South Africa and the rule of law."

Justice Minister Jeff Radebe said on Tuesday the commission would study how Constitutional Court rulings had impacted on the law, the state and the lives of South Africans.

Transform the judiciary

His announcement came in the wake of a remark by President Jacob Zuma last month that the government wanted to review the court's powers.

However, Radebe downplayed the president's comment and said the project was not aimed at curtailing the court's powers, but formed part of overall efforts to transform the judiciary.

"The independence of the judiciary is not at stake," he said, adding that successive ANC governments had established an "impeccable record" of compliance with court rulings.

Radebe said the study would be undertaken by research institutions, and that the project should deliver "implementable rather than academic solutions to problems that risked undermining transformation".

- SAPA