Sullying our legal system

Sunday Times Editorial: President Jacob Zuma's doomed effort to extend the tenure of Chief Justice Sandile Ngcobo has rightly raised concerns among those who value the constitution.

Justice Ngcobo did nothing to settle the nation's nerves, waiting until it was plain to all but the most ignorant that his court would not accept that a president could extend the term of a chief justice before withdrawing his acceptance of the post.

By withdrawing, he narrowly avoided the incredibly embarrassing prospect of his own court ordering him out of his job, something that would have shaken confidence in the entire legal system.

The problem with this chain of events is that it has sullied the perception of Justice Ngcobo's record in office. His decision to write a minority judgment in favour of the government's disbanding of the Scorpions on the eve of Zuma's extension of his term of office now seems awkward.

While there can be no suggestion that Justice Ngcobo's probity is in question, perceptions matter when there are questions about the relationship between the government and the courts.

Suddenly the fact that when the Constitutional Court ruled against President Zuma, who wanted certain search-and-seizure operations related to his corruption and fraud charges declared unlawful in 2008, there was one dissenting judgment - that of Justice Ngcobo - raises more awkward questions.

Some will seize on these examples as evidence that Justice Ngcobo penned the dissenting judgment with an eye to holding onto the highest judicial seat in the land.

The assumption that his conclusions in both cases were carefully crafted legal arguments befitting his proud record as a highly regarded jurist can now be contested by his critics.

In a healthy democracy, legislation is crafted with a view to creating institutions that are sound and sensible safeguards of our constitutional order. Never should we fashion laws around individuals, for whatever reason.

It is the president's responsibility to restore dignity and unquestionable independence to the highest court in the land.

The president's attempts at making amendments to Section 8(a) of the Judges' Remuneration and Conditions of Employment Act have been shown to be fundamentally flawed. The suggestion is that he tried to use his executive powers to undermine the judiciary.

The legacy of Justice Ngcobo has been unnecessarily challenged by this ill-considered move.

It is testimony to his standing in the legal community and his long record of excellent jurisprudence that his legacy will survive despite Zuma's blunder.