Take it easy on judges - IBA
The International Bar Association (IBA) has recommended the 'government, political parties and the press be temperate' in criticising judicial decisions. Although not directed at the flak taken by Constitutional Court judges from the ANC over the matter of Cape Judge President John Hlophe, the IBA report - Beyond Polokwane: Safeguarding South Africa's Judicial Independence - is nevertheless timeous, suggests E-Brief News.
It notes 'the public has a legitimate interest in court decisions, which should not be immune from public debate or criticism', but adds: 'However, engaging in public criticism or personal attacks undermines public faith in the independence of the judiciary and the rule of law.' Business Day says the report follows a visit by a high-level delegation from the IBA to SA in May, a mission prompted by 'concerns regarding potential threats to the independence of the judiciary raised by civil society, members of the legal profession and members of the judiciary'. The concerns relate to Bills before Parliament, including the Superior Courts Bill and the 14th amendment to the Constitution. The report overwhelmingly focuses on the proposed changes in the justice system proposed by the Bills. Among other things the report recommends that while judicial accountability is important, courts should be self-administered or at least administered by an independent agency.
Full Business Day report
IBA report (PDF file)
Superior Courts Bill
Constitution Fourteenth Amendment Bill (PDF file)
ANC secretary-general Gwede Mantashe has again defended his criticism of the way the Constitutional Court handled its complaint against Hlophe. Mantashe said the issue was about 'commenting on this issue and highlighting the not-so-obvious about our respected judges'. According to a Mail & Guardian Online report, he said: 'It cannot be acceptable for the honourable judges who are presiding over the cases of (ANC president) Jacob Zuma; even if it was not Jacob Zuma (but someone else), it will never be acceptable to actually create a hullabaloo in dealing with a supposedly delinquent judge, and drag the issue of cases that you are expected to pronounce on into a public debate. I'm insisting on that.'
Full Mail & Guardian Online report
The ANC would accept a guilty verdict against Zuma, but the judiciary had to ensure the public had no doubts about the impartiality of its decisions, says Mantashe. On the issue of Hlophe, he said it should be dealt with by the judges in an internal process because 'when the time arrives in the future and they make a pronouncement on the cases, that storm will loom larger than the actual pronouncement on the cases'. A Business Day report says Mantashe was firm that he would not publicly condemn ANC Youth League president Julius Malema, whose outspoken comments such as that he would 'kill for Zuma' have caused public outrage. Mantashe said Malema was a young leader who had to be guided and allowed to develop out of the arrogance of youth to become a competent and confident leader.
Full Business Day report