Judges question ConCourt assessment

2011-11-27 21:47

Johannesburg - Judges criticised the ANC's plan to assess the Constitutional Court's judgments, according to a report on Sunday.

Retired Constitutional Court Judge Johann Kriegler called the plan inauspicious, Rapport reported.

"[The judiciary] is not a platform in Polokwane. We are not talking politics," he said.

Cabinet spokesperson Jimmy Manyi said 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, and to promote 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.

Judge Dennis Davis raised his concerns about the terminology the Cabinet used in its judgment.

He questioned what was meant by transformational variables.

"Is this about demography of the courts alone? Or are we now moving to a more textured debate about making the Constitution's vision of SA work for millions who live in desperately undignified conditions?" he asked.

Davis questioned interdependence because the court's role in the end was to trump the other arms of state.

Struggle veteran Mamphela Ramphele also sharply criticised Cabinet's plans and said the government's attempt to use this decision as a reaffirmation of the judiciary underestimated people's intelligence.

"As if we, who fought for democracy our whole lives, are stupid."

  • Yar - 2011-11-27 22:07

    Transformation = Destruction

      Spyker - 2011-11-27 23:24

      Apt assessment Yar. The LAW is an absolute - it is IMPOSSIBLE to 'transform' the law, just like the truth is an absolute, it is also impossible to transform the truth. You are welcome to banter your own version of what you regard as the 'truth', but the (bona fide) truth remains.., ABSOLUTE. This is not a convoluted philosophical velleity, it is in fact the essence, of everything that is wrong with SA. "...Transformational variables..." - this is the typical euphemistic misrepresentation that is synonymous with a fascist regime.

      Tony - 2011-11-28 05:52

      ANC TRANSFORMATION = NP JOB RESERVATION Like it or not, both are racist, and thats why the NP was swallowed by the ANC.

  • Ian - 2011-11-27 22:15

    now we in the brown stuff, and its not mud.....

  • Xavier7034 - 2011-11-27 22:20

    Yet ANOTHER attempt at besmirching our young democracy. How can we trust politicians with sort of agenda? What is next? Doing away with the separation of powers?

      ivan.coetzee2 - 2011-11-28 08:49

      @Xavier: The ANC assumes absolute power and a "judiciary" unto themselves, ZOOmer becomes a life-long president/dick-tator, that's the next step

  • bernpm - 2011-11-27 22:26

    If "transformation" does not define "transforming what into what by when", we are on an open agenda for the "transformers" whoever they might be. Do we trust our "transformers" (=ANC)? NO!

  • Chris - 2011-11-27 22:32

    Very ominous. "if you build a prison, build it for yourself - you may need it yourself one day"

  • renesongs - 2011-11-27 22:48

    We fought and overcame a corrupt thieving, ignorant, self serving regime once before I am certain we can do it again

  • braamc - 2011-11-28 05:58

    The ANC will and is manipulated every possible channel and avenue. Not only it is sad it destroys this country at a rapid pace, very worrying.

  • Andrew - 2011-11-28 06:21

    The trend now seems that the present government wants to muzzle or control every aspect of South Africans lives almost to the extent of a police state. This in the name of transformation which they want to control to benefit themselves or their cadres.

  • Ari - 2011-11-28 07:06

    The ANC seeking to assess the work of the courts is like a kindergarten toddler trying to asses the quality of the teachers. It is soooo beyond their capability as to be ridiculous. The bard said it best: Man, proud man, Drest in a little brief authority, Most ignorant of what he’s most assur’d, His glassy essence, like an angry ape, Plays such fantastic tricks before high heaven, As make the angels weep. - William Shakespeare Isabella, in Measure for Measure, Act 2, Sc. 2.

      Vince.York - 2011-11-28 07:51

      Shakespeare might be slightly above 98% of the minds here today! Recommend try "uguah uguh UUUUgauuuoooo" for better results!

  • Peter - 2011-11-28 07:26

    Now they want to force the concort to be answerable to the ANC. If that is not ensuring the destruction of a proper democracy then we ( South Africe ) are down the poop shute for sure. The F*ck#ers ( ANC - blacks) want to ensure that they will get what they want, irrespective that the people they are supposed to represent suffer BIG time. They are forcing the country into the dark ages.

      ivan.coetzee2 - 2011-11-28 09:02

      @Peter: Correction, Whilst I agree "ANC=F*cke#ers" Not all blacks support the ANC e.g Lindiwe Mazibuko etc, and a whole bunch of whitey idiots do, e.g. Kortbroek, Derek Hanekom, Mary Metcalf etc.

  • Vince.York - 2011-11-28 07:46

    Surprised I am! That they are suddenly attempting to be pro-active instead of retroactive and shine their learned elders' light out before the citizens young and old instead of relying on a brutal political monster to guide their way on a severe tangent off the narrow path of humanity is astonishing in itself. Perhaps some calcium was pumped into those skeletons to stiffen up the spines and limp wrists these past couple of weeks as the imminent darkness of total control looms darkly over their apathetic heads? Too Little Too Late is often times the cry wolf cliche. AND the criminal psyche allowed to be instilled inside the average spoilt youngsters minds the past 3 decades is virtually irreversible - that tiny issue that the current political leadership have aimed for to undermine real meaningful democratic processes and values in an insidious slide in the direction of quasi tribal patriarchy supported by an equally dogmatic extremist Islamic undercurrent that will eventually eliminate the majority currently existing here. (This against a backdrop of a spike in crime of 600% PLUS here presently).

  • Jaco - 2011-11-28 08:42

    Now that "snore" De Viliers has gone, Jimmy Manyi steps up to take his place. Hey-sh Jimmy; next time think before you say what ever pops up in your mind.

  • Bobby - 2012-02-26 23:21

    The last time we had a descent gouvernment in place was when Simon van der Stel was gouvernor, - it went downhill ever since. lol.

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