Tempers flare over courts bills
2006-01-31 22:19
Cape Town - Proposed constitutional amendments affecting the judiciary caused heated debate in the justice portfolio committee on Tuesday.
Justice Minister Brigitte Mabandla said she hoped the Constitutional 14th Amendment Bill and the Superior Courts Bill would be adopted as soon as possible this year.
The legislation would contribute to judicial transformation and boost access to justice, she said.
Democratic Alliance committee member Sheila Camerer was accused of political opportunism when she questioned the intentions of the draft constitutional amendment, and the timing of its publication for public comment during the December holidays.
Deputy minister Johnny de Lange pointed out that draft legislation dealing with the rationalisation of the court system had been under discussion for about 10 years.
He was "absolutely flabbergasted" at claims of attempts to "rush" the legislation through, and at the level of dishonesty he perceived to be present in criticism of the draft legislation.
DA comes in for criticism
People could make submissions on the bills until they were passed by parliament, said De Lange.
He criticised Camerer for suggesting that fundamental changes had been made covertly to the drafts, and accused the DA of failing to raise its concerns during committee meetings.
"You must go," De Lange told Camerer. "When you give up your intellectual integrity, people won't take you seriously."
He thanked Camerer in jest for having become a mouthpiece for the judiciary.
"What did you say... mouse squeak?" asked committee chairperson Fatima Chohan-Khota, who claimed not to have heard De Lange's statement clearly.
Mabandla used the opportunity to restate her support for the separation of judicial and executive powers, and the independence of the judiciary.
The General Council of the Bar of SA said on Monday the bills amounted to interference with the independence of the courts.
The bar council said in a statement: "There is a legitimate concern that the executive is centralising and taking over functions in a way that either directly or indirectly impacts upon judicial independence and upon the perception of judicial independence."
President gets extra power
Among other concerns, was that the draft legislation gave control of administrative functions and purse strings of all courts to the justice minister.
It claimed the draft constitutional amendment removed from the Constitutional Court the power to suspend the commencement of an act of parliament.
The bar council said also that it placed the final decision to appoint judges to certain offices in the hands of the president.
The draft was approved by the cabinet in November and published for comment on December 14. It has yet to be tabled in parliament.
- SAPA