Gauntlett warns of Constitutional crisis

The December ANC conference will be the last chance to avert it. The Constitution 14th Amendment Bill proposes that the Minister of Justice should ‘exercise authority over the administration and budget of all courts’. To this and certain other proposed changes immediate public opposition was voiced – from unusual quarters. Gauntlett notes that the proposal for the administration of the courts to be controlled by the government is bad for several reasons. Among these is that it is not a good idea to tinker with the hard-earned Constitution. Also, the proposal cannot be reconciled with the separation of powers and the independence of the courts. Finally, a frequent litigant in the courts is government and judicial independence cannot be secure if government officials can decide on what cases are listed to be heard in what sequence, and which judges should hear them. ‘Administrative’ control is control. Full Financial Mail analysis (subscription needed) Constitution 14th Amendment Bill