Zondo 'must exercise restraint' in his public comments, warns Casac

Chief justice Raymond Zondo’s remarks in a TV interview on Monday crossed the boundaries of acceptable speech by judges and should be reproached, says the Council for the Advancement of the South African Constitution.

Casac also urged Zondo to exercise restraint in his public engagements and to always act with the best interests of the judiciary in mind. 

Zondo participated in a wide-ranging interview on Newzroom Afrika where he expressed his views on several topics, including the implementation of the recommendations of the state capture commission, judicial misconduct and the pending prosecution of former president Jacob Zuma.

During the interview, Zondo said: “I won't speak a lot about it because I understand there is litigation but this I can say. Anyone who kept themselves informed about what people were saying at the time when his remission happened and he was released would simply know there were a lot of people who were saying 'if the government doesn't want him to serve a sentence in jail, what is this corruption trial all about that has been going on for so long? It means even if he were to be found guilty, which at this stage we don't know if he will be found guilty but even if he were, if a judge sentences him to jail, it means that something will be done to ensure he doesn't stay in jail'. That is what people asking and were concerned about that.” 

The news anchor then asked Zondo whether there was any point then in prosecuting Zuma, to which Zondo replied: " I would say as long as the NPA says it has enough evidence to justify prosecuting him, he must be prosecuted. If the executive [does not want him] to spend time in jail, let the country know the NPA and the courts would have done their part and let the executive deal with the public at that time. 

“So I would not say any trial must stop. I would say let's continue doing what we believe is right,” he added. 

The interview follows the Zondo’s remarks at the National Anti-Corruption Advisory Council conference last week, in which he expressed views on similar issues.

“Casac regards the chief justice’s remarks as unfortunate and ill-advised. The constitution guarantees judicial independence and, to that end, grants judges security of tenure and ensures that their remuneration and benefits cannot be reduced,” Casac said.

It said these measures were meant to insulate judges from political pressure and other outside influences. In return, judges were expected to stay clear of political controversy and everyday partisan politics and to carry out their judicial function impartially and without fear or favour. 

Casac said the code of judicial conduct requires judges to “not publicly comment on the merits of any case pending before, or determined by, that judge or any other court” and to “not express views in a manner which may undermine the standing and integrity of the judiciary”.

The organisation said while answering questions about the recommendations of the state capture commission, which he chaired, Zondo ventured into commentary about matters he has no personal knowledge of, even speculating as to the reasons for the government’s failure to implement the recommendations.

“More concerning were the chief justice’s comments regarding the pending arms deal corruption trial of former president Zuma, a matter that is still pending before the high court, as well as his insinuation that Zuma may, in future, benefit from a remission of sentence if tried and convicted.” 

Casac said these comments, as well as Zondo’s willingness to take media interviews generally, create the risk of perceptions that may compromise his and the judiciary’s standing and integrity. 

It said Zondo may be perceived as wading into the public discourse about partisan politics and potentially bringing his impartiality, and that of his colleagues, into question at a time of fierce political contestation ahead of the 2024 general election.

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