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Mon May 27 04:54:41 SAST 2013

Josephs should be berated

Paul Hoffman SC, director of Institute for Accountability in Southern Africa | 04 June, 2012 00:02

Before putting both feet so firmly in his mouth in parliament last week, DA MP Denis Josephs ("No salaries for life", May 31) ought first to have acquainted himself with the provisions of Section 165(4) of the Constitution. This is our supreme law, which he is bound to uphold.

It reads: "Organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts."

Then he could have pondered the impact of his suggestion that judges' conditions of service should be unilaterally altered on the "fair labour practices for all" section of the Bill of Rights.

Helen Zille should make him stand in the corner until he apologises for making a silly suggestion, which has not yet been repudiated.

His assault on the dignity, impartiality and security of tenure of office of our judges - all necessary and protected ingredients of an impartial judiciary and prerequisites for constitutional democracy under the rule of law - was unwarranted.

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