‘Judges are not demigods’ — ANC tells Zondo to respect separation of powers

The ANC has cautioned chief justice Raymond Zondo to respect the separation of powers, with the party's secretary-general Fikile Mbalula saying judges are not “demigods”.

This comes after Zondo’s remarks that parliament would fail to prevent and end another state capture as he has not seen anything fundamentally change in the operations or rules of the institution.

Zondo blamed parliament for failing to prevent and end state capture as the ANC was against investigating the allegations of capture and the Gupta family.

“There's nothing wrong [with] criticising judgments, but you must be factual. Judges are not demigods. Judge Zondo has an opinion week in, week out, which is fine.

“We must respect the separation of powers because he has done what he was supposed to do. He is finished,” Mbalula said at the Western Cape ANC elective conference over the weekend.

Mbalula said the chairperson of the state capture inquiry should give other state organs space to do their job.

“Naye ubhala la report it took him a long time (It also took him a long time to write his report), he had to change from time to time and ask for more [time to finish it],” said Mbalula.

“So kwaba tsotsi bangangaka bagcwele kule country (With so many criminals in this country) how will it be easy to arrest somebody overnight?” asked Mbalula.

“The judge has resolved people must be prosecuted. It is easy for [Shamila] Batohi [national director of public prosecutions] to do that job. Leave Batohi, her team, and the National Prosecuting Authority to do their job without fear or favour and [allow them to] come to a conclusion, including arresting people.”

He said if there is undue pressure on law enforcement, it will make mistakes.

“They will arrest people for cameras, but those people will not be convicted. The people we are chasing have deep pockets, they have money.”

Parliament also hit back at Zondo, saying his remarks criticising the institution undermined the principles of the separation of powers.

“It is inappropriate for the chief justice, representing one of the arms of state, to engage in public attacks on parliament. We note the attacks are also directed at the executive in so far as the current policy position of the electoral system is concerned. This is in the wake of a matter that is before the court on the electoral system,” it said.

“We believe utilising the established channels to address any concerns he may have regarding parliament's implementation of the commission's recommendations would have been more appropriate. It is not the place of a chief justice to make such public remarks unless and until he is required to adjudicate on a matter with impartiality.

“The principle of separation of powers is fundamental to our democracy, and it requires each branch of government to respect the roles and responsibilities of the others. Chief justice Zondo's public attack on parliament encroaches on this doctrine.

“It is crucial to provide parliament with the necessary space to fulfil its obligations, which it is implementing, guided by the recommendations put forth by the commission. We want to emphasise parliament, through the diligent efforts of the programming and rules committees, has taken decisive steps to address the recommendations of the state capture commission.”

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