Zuma lays down law on separation of powers

It notes ANC secretary-general Gwede Mantashe sparked a furore in August when he declared the courts were acting as if they were the political opposition by interfering with the right of elected officials to make policies and laws. This followed the loss of two major cases by the government in the Constitutional Court - the Hugh Glenister challenge to the scrapping of the Scorpions and the challenge from three legal organisations to the way Zuma tried to reappoint Judge Sandile Ngcobo as Chief Justice. Zuma, addressing a joint sitting of Parliament to bid farewell to former Chief Justice Ngcobo and to welcome new Chief Justice Mogoeng Mogoeng, yesterday supported Mantashe's position. 'We also wish to reiterate our view that there is a need to distinguish the areas of responsibility between the judiciary and the elected branches of the state, especially with regards to policy formulation,' he is quoted as saying in a report on the News24 site. The executive, as elected officials, had the sole discretion to decide policies for government, he said, adding the 'encroachment' of one arm of the state on the terrain of another had to be discouraged. 'The executive must be allowed to conduct its administration and policy-making work as freely as it possibly can,' he said. Full Business Day report Full report on the News24 site

Referring to the heated debate that Mantashe ignited, Zuma said some did not see that it was actually an affirmation of the doctrine of the separation of powers.' According to a Beeld report, Zuma said: 'In our opinion, the separation of powers means that one arm of the state may not interfere on the terrain of another without exception.' He also said it would help the judiciary to do its job if 'political disputes were resolved politically'. Full Beeld report

Ngcobo made the point that no branch of government was superior to others in the service of the Constitution. According to a report in The Times, he described the Constitution as a 'promissory note'. 'It is a promise of a new society that is based on democratic values, social justice, and fundamental human rights,' he said. The people of SA had entrusted the responsibility to establish this society to the three branches of government. Each branch of government thus had to observe the constitutional limits on its powers and authority. 'There is no branch that is superior to others in the service of the Constitutional mission of the Republic,' Ngcobo added. Full report in The Times

Mogoeng, reaffirming the judiciary's commitment to upholding the Constitution and dispensing justice 'without fear, favour or prejudice', said co-operation with the other arms of state was essential. According to a report in The Mercury, he assured the nation 'of our commitment to the separation of powers and rule of law' and 'relentless pursuit' of the independence of the judiciary. 'However, it goes without saying that this is a task the judiciary cannot undertake alone,' Mogoeng said. The report notes speeches paid tribute to Ngcobo and welcomed Mogoeng, but also reflected concerns from across the political spectrum. Among these were the need to increase the pace in transforming the judiciary; extending access to justice, especially to the poor and the voiceless; ruling party suspicions about the courts being used to further hostile political agendas; and opposition fears of an executive-friendly judiciary. Full report in The Mercury (subscription needed)

At the same sitting, new DA parliamentary leader Lindiwe Mazibuko took a swipe at 'the bullies' - 'those that believe they are above the law and that might is right and enrich themselves at the expense of the poor'. 'They wish to destroy our Constitution. They are the bullies of our time', Mazibuko said in her maiden speech as leader of the opposition, notes a report on the News24 site. Mazibuko paid tribute to Ngcobo for 'his quiet humility and love of the law; for his steadfastness in defending and upholding the Constitution of this land'. It was said that a Constitution was only as strong as the character of those charged with upholding it. That SA's Constitution was thriving today - despite pressure on it from some quarters - was a testament to the characters of former Chief Justices Arthur Chaskalson, Pius Langa, and Ngcobo. That tradition had now been passed on to Chief Justice Mogoeng. 'In his hands rest the hopes and dreams of millions of South Africans. It is no exaggeration, Justice Mogoeng, to say that our success as a nation depends on your success as a Chief Justice. 'It is an awesome responsibility. We believe that you will adjudicate the cases before you with wisdom and fairness.' Her DA colleague, Dene Smuts, COPE leader Mosiuoa Lekota, IFP Chief Whip Koos van der Merwe, and Freedom Front Plus MP Corne Mulder paid tribute to Ngcobo and warned Chief Justice Mogoeng he was the protector of the Constitution - a massive responsibility, notes a Business Day report. 'Our courts have handed down landmark judgments ... against government,' Lekota said. 'This has shown SA democracy at work. Any law not aligned to our Constitution is struck down, and frustrating as this may be for the governing party, it is good for SA. Governments can come and go, but the legal precedents will go on forever.' Full report on the News24 site Full report in Business Day