ANC pushing ahead with court changes, judicial reform

Party policy chief Jeff Radebe said 1 500 delegates at last week’s national policy conference recommended the Supreme Court of Appeal, in Bloemfontein, should have the status of intermediate court with a right of final appeal to the Constitutional Court. Radebe said the conference had also agreed on the need for a single High Court division for each province, and the elimination of apartheid-era names for divisions, such as Transvaal and Bophuthatswana, notes a report in The Times. Delegates also recommended that the transition in the judiciary be accelerated. According to the Sunday Tribune, Justice Minister Brigitte Mabandla was told to speed up the controversial judicial Bills that were shelved last year amid fears that the judiciary\'s independence was under threat. Conference delegates rejected the concerns of judges and endorsed the position that the Minister should administer the courts and draft its rules. Full report in The Times Full Sunday Tribune report (subscription needed)

Floor-crossing is on the way out. Although it will remain in force for now, the legislation is expected to be scrapped after the ANC’s national conference in December, despite different views expressed at last week’s ANC gathering. A Sunday Times report notes that although delegates admitted that the legislation had benefited the ruling party, they argued that it had compromised the principles of democracy. Full Sunday Times report

The Scorpions are expected to be reined in – along with the municipal police and the provincial traffic police, they should be brought under the control of the SA Police Services, the policy conference heard. A Sunday Times report says recommendations were that the Directorate of Special Operations – commonly known as the Scorpions – must be placed under the control of National Police Commissioner Jackie Selebi, whose associates are, ironically, the target of Scorpions’ investigations. The Scorpions, the conference heard, should be transformed into a special unit within the Saps to ‘deal with organised crime’. Radebe said the decision to consolidate was in line with the Constitution. ‘If the proposal is ratified at the national conference, then all police, including metro police and so on, will fall under a single police service,’ he said. Full Sunday Times report

Moving the Scorpions would harm public confidence in the government\'s law enforcement agencies, according to political parties and researchers. A report in The Mercury says Institute for Security Studies senior researcher Johan Berger warned against the government and the ANC putting all eggs in one basket. ‘This could lead to the centralising of policing authority into one area, which I don\'t think is a sound approach. The idea is that in a democracy the public must have full confidence in government instruments. This is not good for public confidence and the government must consider this suggestion very carefully,’ said Berger. The DA spokesperson on safety and security matters, Diane Kohler-Barnard, said the party was shocked by the resolution. She said that the public had faith in the Scorpions. Moving the Scorpions, said Independent Democrats leader Patricia de Lille, would be a regressive step for the country. Full report in The Mercury (subscription needed)

Land ownership by foreigners was also discussed, with delegates recommending the party considers regulating ownership by foreigners, but not prohibiting it. The legal right to expropriate property in the public interest or for public purpose in accordance with the Constitution was reaffirmed, and delegates agreed that there should be interventions in the property markets to curb the spiralling cost of construction. Municipalities must craft regulations to prevent further mushrooming of informal settlements and the government should implement an integrated housing plan. Other resolutions