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Legalbrief   |   your legal news hub Sunday 15 February 2026

ANC stands by right to criticise judges

The ANC says it will defend and support the 'independence, integrity and credibility' of state institutions and the judiciary, but also believes that free expression on the conduct of public officials contributes to 'vibrant debate'. A Business Day report quotes ANC secretary-general Gwede Mantashe as saying the protection and defence of the judiciary 'cannot mean we remain quiet about how they do their work.

We need to allow society to express its views on how these institutions do their work'. A report on the IoL site notes Mantashe was recently quoted by the Mail & Guardian as saying the judges of the Constitutional Court were elements of the 'counter revolutionary' forces seeking the destruction of ANC president Jacob Zuma and the ANC. The party said on its Web site on Friday that Mantashe had been misquoted and that his comment was not directed at the judges. The Mail & Guardian, however, responded that it had a tape of the interview. 'People chose not to pay attention to our correction and stick to the 'counter revolution',' said Mantashe yesterday, but he had a message for the Constitutional Court judges: 'The Zuma judgment is not over, therefore it is dangerous for the Constitutional Court to create this hullabaloo in public.' He added that the judges should handle things 'better and differently' so that they can't be accused of bias. An ANC statement noted its national executive committee had expressed concern at recent developments with regards to important institutions like the Constitutional Court, the NPA and the SABC. Full report on the IoL site Full Business Day report

ANC discussions on merging the Constitutional Court and the Supreme Court of Appeal amount to a political power play, according to retired law professor Marinus Wiechers, who said such a move would lead to 'calamity and chaos' if implemented. 'It will not surprise me if the proposed merger plans to give centralised control over the courts to the government,' Wiechers is quoted as saying in a report in Beeld. He said the intention of the legal system was that the Constitutional Court act as supreme authority over the Constitution and that this was necessary to maintain democratic principles. Full Beeld report