Hands off our judiciary: Pikoli

28 August 2015 - 11:23 By RDM News Wire & TMG Courts And Law

“Tensions can be healthy for as long as they are not antagonistic and irreconcilable‚” advocate Vusi Pikoli said on Thursday night‚ but warned: “Hands off our judiciary.” As the country’s executive and representatives of the justice system were meeting to patch up their differences‚ Pikoli‚ the former National Director of Public Prosecutions‚ tackled the question: “Is an independent judiciary a threat to democracy?”That was the title of Pikoli’s talk at the 9th Annual Helen Joseph Memorial Lecture on Thursday night at the University of Johannesburg (UJ).Pikoli reportedly praised Chief Justice Mogoeng Mogoeng for calling a meeting with the executive to address the tensions between them‚ which – “coincidentally”‚ a UJ statement said – happened on the same day the two arms of state engaged at the Union Buildings in Pretoria to clear the air.Heads of court had mandated Mogoeng to request the meeting following recent criticism of the judiciary by‚ among others‚ African National Congress secretary-general Gwede Mantashe and SA Communist Party general secretary Blade Nzimande‚ while Police Minister Nathi Nhleko said “some elements of the judiciary meet with characters to produce certain judgments”.“Please note that I am calling these attacks and not criticism of the judiciary because this is what they are‚” Pikoli said.“How else does one categorise utterances that ‘judgements of certain regions and judges are consistently against the state’ which creates an impression of negative bias by ‘elements within the Judiciary who meet with characters to produce certain judgements’.”These comments undermined the authority of the courts and the justice system‚ he said and added that “something which the politicians often seem to miss” is that the judiciary itself it subject to the Constitution that it holds the other two arms of state to.“In simple terms‚ not only are the executive and legislature bound [by the Constitution]‚ but also the judiciary itself is bound by the Constitution‚” Pikoli said.After Thursday’s meeting between the judiciary and executive‚ Zuma said the parties had reaffirmed their commitment to the independence of the judiciary‚ rule of law and separation of powers‚ all of which underscore the constitutional democracy.They also agreed to be more circumspect about public statements criticising one another.“Failure to do so will undermine the global status of the republic as a bastion of democracy‚ tolerance‚ human rights and the rule of law‚” Zuma said.“This meeting is the foundation of future engagements to discuss issues that might arise from time to time‚” Zuma said‚ adding that the meeting would enable the executive and judiciary to work together to serve the people of South Africa.Mogoeng said the judiciary reaffirmed its collective commitment to executing its constitutional mandate only in a manner required of the judiciary by the Constitution and the law.“We have come together as a result of statements critical of the judiciary. This is a positive step forward towards measures that might not have been taken in the past to zoom in on these attacks in the future‚” Mogoeng said. The chief justice said the judiciary was doing what it was supposed to do.“I would be worried if differences were of a minor nature. Our democracy is demonstrably healthy‚ hence these concerns.” He said there is no constitutional crisis but a moment for introspection. - TMG Courts and Law..

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