Radebe: ConCourt's independence safe

2012-02-28 16:34
Cape - The government will commission a study of how Constitutional Court rulings have impacted on the law, the state and the lives of citizens, Justice Minister Jeff Radebe said on Tuesday.

The announcement comes in the wake of a remark by President Jacob Zuma earlier this month that the government wanted to review the court's powers.

However, Radebe downplayed the remarks 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."

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

Apart from the Constitutional Court assessments, Cabinet had also agreed to establish a mechanism to monitor the way in which government departments implemented court decisions.

It also wanted to create a forum for regular discussions between the judiciary, the executive and the legislative on how they could pursue "a common transformative goal".

"These recommendations, including the assessment of the decisions of the Constitutional Court, are with a view to developing clear and concise recommendations that are necessary to unlock challenges that have the potential to undermine the transformation goals that are intended to nourish our constitutional democracy," the minister said.

Asked what these challenges were, Radebe said: "All of us are geared towards creating a better life for all South Africans, so all branches of the state have to play a role in this endeavour."

Constitutional law expert Pierre de Vos said Radebe's announcement had shed little light on what the government wanted to achieve by analysing the work of the Constitutional Court.

"It does not actually say what the review is for. It is very vague."

Zuma told The Star newspaper in an interview this month: "We don’t want to review the Constitutional Court; we want to review its powers."

Asked to explain the president's remarks, Deputy Justice Minister Andries Nel cautioned against stifling debate on the Constitutional Court.

He went on to suggest that Zuma's call for a review should be seen in the context of the Constitution 17th amendment bill - which would enhance the Constitutional Court's powers by making it the apex court on all matters.

The bill is currently being debated by Parliament's portfolio committee on justice.

But the Democratic Alliance said Radebe's announcement confirmed its fears that the "government may be attempting to co-opt the courts".

"The extent to which the court's decisions are implemented by government comes as an afterthought instead of being the primary focus of any study," DA justice spokesperson Dene Smuts said.

"As always the plight of the poor is partially used as the rationale for the exercise."

- SAPA
Read more on:    da  |  andries nel  |  jeff radebe  |  pierre de vos  |  dene smuts  |  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
21 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Movies
Traffic & Train Alerts
Traffic
Newlands 15:54 PM
Road name: M3 Southbound

DELAYS approaching Rhodes Avenue

Macassar 15:52 PM
Road name: N2 Outbound

ACCIDENT in the left lane after the Engen One-Stop garage - DELAYS towards Somerset West

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

Up to 60% off - clearance sale!

Save up to 60% on appliances, books, electronics, toys, movies and more. Offer valid while stocks last. Shop now!

Deal of the Week!

Get bestselling John Green novels now just R99 each! Hurry and get yours while stocks last. Shop here.

Mind blowing deals on beauty & fragrances

Save up to 30% off beauty and fragrances. Offer valid while stocks last. Shop now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! 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

Horoscopes
Aquarius
Aquarius

Social media is pulling you in and you have the desire to find out everything you know about your friends and you have the urge to...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.