Tackling 'lawfare' issue on ANC 'to do' list

Enhancing SA’s democratic institutions, including the judiciary; finding ways to bring the media to heel; sorting out the land issue; and economic policy based on the National Development Plan imperatives were some of the main thrusts of a policy documents released by the ANC yesterday in anticipation of its upcoming national policy conference, reports Legalbrief. These are discussed in more detail in the POLICY WATCH section below. However, on the judiciary the document states: ‘The objective and subjective reasons that have resulted in the mushrooming of referrals to these institutions of issues that could be resolved in the political and policy sphere – a form of 'lawfare' – should be identified and resolved.’ It adds: ‘Besides weaknesses in government in managing unsavoury developments, this trend also reflects attempts on the part of some privileged sectors of society to undermine the popular electoral mandate.’ A report on the IoL site notes the government has had to deal with the aftermath of major judgments, which the ANC says tend to put the judiciary in the position of running the country. ‘This has an effect of sucking the judiciary into the maelstrom of day to day societal management and thus unnecessarily spluttering it with mud.’ Each arm of government – the executive, judiciary, and legislature – ‘should play their role in the context of the doctrine of separation of powers,’ it said. Its policy conference will take place at the end of June and will be followed by the national elective conference set for December.

Full IoL report