ANC and the judiciary

Sunday Times Editorial: The ANC's secretary-general, Gwede Mantashe, has described opposition to the appointment of Justice Mogoeng Mogoeng to the position of chief justice as "a racist argument because people say we must appoint experienced judges who have been there long before 1994".

Mantashe is being disingenuous. Criticism of Justice Mogoeng has centred on the fact that he has written relatively few published judgments while on the Constitutional Court bench.

In one case, he dissented, but did not give any reasons for his disagreement.

What Mantashe is failing to explain is why President Jacob Zuma overlooked Deputy Chief Justice Dikgang Moseneke or Justice Sisi Khampepe.

Justice Moseneke's sin appears to have been his comment that he would not make judgments to suit the ANC. That this has caused anger suggests that the party would like the inverse to occur.

This failure to understand why an independent judiciary is critical to the success of a democratic state is deeply troubling.

If the governing party views the courts as a necessary evil that ought not to stand in the way of its legislative agenda, the scene has been set for a steady erosion of the judiciary.

Mantashe's remarks have been made in the midst of the storm over Justice Mogoeng's nomination, suggesting that he and the ruling party view this particular candidate as someone less likely to stand in their way.

Such a short-sighted, party-political world view is at odds with the notion of an independent judiciary and should be opposed in the strongest possible terms.