ANC seeks party backing for radical judicial transformation

According to a report in The Weekender the policy document takes a number of issues on which the government has already outlined its views, and backs them to the hilt – despite strong objections to these proposals by judges and members of the human rights sector. The report says the most contentious question in the discussion paper concerns the fundamental difference in understanding between the judiciary and the executive about what constitutes judicial independence. The policy document says that the three arms of government are separate, as provided for under the Constitution, but that the party should ‘advance the principle of co-operative governance’ – the ‘three branches of government must work in tandem with one another’. While the ANC should ensure the existence of a ‘legitimate and independent judiciary’, it should nevertheless agree that policy and budgeting for courts and all matters relating to the administration of the justice system are the responsibility of the Justice Minister. In addition, the general administration of the justice system is the prerogative of the Minister. However, the document adds, in a sop to the judges, ‘In carrying out this function, the Minister is required to take into consideration the views of the judiciary in relation to matters which have a bearing on the proper functioning of the courts and the administration of justice’. Full report in The Weekender