Politicians must obey the law‚ not attack the courts: Centre for Constitutional Rights

30 June 2015 - 15:30 By RDM News Wire

The Centre for Constitutional Rights says Parliament and Government must take more care to ensure that all its actions and draft legislation meet the requirements of the law and the Constitution – instead of attacking the legal fraternity. This comes as the centre expressed its “great concern” about the increasing attacks on the independence and impartiality of the courts by senior members of the African National Congress and its alliance partners. ANC secretary general‚ Gwede Mantashe‚ recently accused the judiciary of “overreaching” and “contradicting the interest of the state versus judiciary”. Minister of Police‚ Nkosinathi Nhleko‚ also publicly questioned the independence of the judiciary. The South African Communist Party and ANC Youth League meanwhile are reportedly organising mass protests against the judiciary who they accuse of “bias” and “partiality”.Advocate Johan Kruger‚ the centre’s director‚ said the Constitution is the supreme law of South Africa and provides that “…law or conduct inconsistent with it is invalid”.The Constitution also states that courts must ensure the constitutionality of all laws.“The Rule of Law doctrine … means that judges must have the ability to decide cases on the basis of legal merits only - shielded from any influence by the Executive‚ by politicians or by anyone else‚” said Kruger.“The ANC and its alliance partners are outraged that many judgments have gone against the government and Parliament‚ and seemingly view this as proof that the judiciary must be biased.“However‚ the problem does not lie with the courts or with those who are forced to defend their rights by litigating against the government‚” he said. “It lies rather with both the government and parliament for not taking scrupulous care to ensure that all its actions and draft legislation are in accordance with the Constitution and the law.”..

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