Government

ANC asks for laws to stop courts from interfering with parliament: report

Staff Writer

 ·16 May 2017

The ANC in KwaZuluNatal has asked Parliament to pass a law that will restrict the courts from interfering with the affairs of the legislature and President Jacob Zuma’s decisions, according to a report by The Mercury.

Over 600 ANC members marched to the Durban High Court on Monday to hand over their memorandum, in which they accused South Africa’s courts of of making “unfavourable judgments” against the ruling party.

“If a party had taken a parliamentary matter to court unsuccessfully it should be fined by paying court costs through deducting from salaries of members of the party,” said ANC chairman Sihle Zikalala.

“The court should apply a law to protect itself from being abused by those who had been defeated during elections, and during debates in parliament,” he said.

Zikalala also called for the recall of South Gauteng High Court Judge Bashier Valley who earlier in May found in favour of the Democratic Alliance and instructed President Jacob Zuma to furnish reasons for his cabinet reshuffle.

“The high court should review the employment of Judge Valley because it is clear that other judges have taken a political stand, and they are biased,” said Zikalala.

Class politics

According to a report by The Star, other well-known Zuma supporters have also attacked the judiciary, stating that the country’s courts are being heavily influenced by the wealthy at the expense of poor.

This was echoed by Social Development Minister Bathabile Dlamini this past weekend, where she heavily criticised her ANC comrades who were “conniving with the boers” and were briefing the judiciary.

“The judiciary is supposed to protect the poor. But it’s not protecting the poor, it’s protecting the rich because our government is diluted.”

Judiciary’s response 

Speaking at Monday’s Constitutional Court hearing on the secret ballot, the country’s top judge Chief Justice Mogoeng Mogoeng also heavily hinted at threats being issued against the judiciary from political parties, noted eNCA.

In a throw-away comment during Monday’s Constitutional Court hearing, Mogoeng suggested judges face dangers more serious than the risk of losing their jobs, for taking unpopular decisions.

Shortly after receiving the demands from the ANC in KZN, the office of the Chief Justice released a statement reaffirming its commitment to the judicial principles of independence, impartiality, dignity accessibility and fairness.

“The courts, as provided for in our Constitution, exist to promote the rule of law and to uphold the supreme law of the country , the Constitution,” it said.

“The South African judiciary has been and will continue to be fearless in its approach to promote the rule of law and safeguard its independence.”

“The South African Judiciary further reaffirms its commitment to the doctrine of separation of powers – provided for in the Constitution- which vests the legislative autonomy in the Legislature, the executive autonomy in the Executive and the judicial authority in the courts.”

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