'Comrade Zondo' is busy politicking — Mkhwebane launches attack on chief justice

EFF MP Busisiwe Mkhwebane has launched an attack on chief justice Raymond Zondo, accusing him of politicking instead of focusing on his job as the head of the judiciary.

She is, however, likely to be raked over the coals as parliamentary rules frown on MPs reflecting on the competence and integrity of judges and other holders of public office.

Mkhwebane referred to the chief justice as “comrade Zondo” while emphasising her point about the head of the judiciary’s involvement in political commentary which may compromise his office.

She was participating in a debate about the office of the chief justice’s budgetary review and recommendation report on Thursday. She said over the years the EFF has consistently supported the office to safeguard its independence.

“We were convinced then, as we still are, that the independence of the judiciary is an indispensable component of a functioning democracy.”

The office of the chief justice was made a standalone department to emphasise the independence of the judiciary, said Mkhwebane.

“This office and the head of the office, the chief justice himself, have a responsibility not only for the proper functioning of the judiciary but to keep the integrity of the judiciary functioning in this country.

“One of the means in which this can be done is for judges to speak through their judgments and not be obsessed with cameras and maligning political statements.

“Unfortunately the chief justice seems not to know whether he wants to be a judge or a politician. It is too easy for the chief justice to make politically charged statements whenever he gets an opportunity.”

Before Zondo’s appointment as chief justice there were claims he was meeting politicians, and after his appointment he started commenting on politicians’ opinions, said the former public protector who was removed from office two months ago.

“Since he completed his state capture report, the chief justice has been going around making political statements and saying the National Prosecuting Authority must charge the former president.

“What happens when this matter comes before the Constitutional Court? What will he do?”

There is a backlog of around 306 cases on the court roll of 756, she said.

“Instead of focusing on that, the chief justice is busy politicking,” said Mkhwebane.

“We reject this report and we will continue doing so for as long as comrade Zondo is chief justice.”

ANC whip Bheki Radebe objected to Mkhwebane’s speech, saying she “dealt unfairly with the chief justice”.

“People like judges cannot be castigated like this,” said Radebe, citing a National Assembly rule that prohibits MPs from reflecting on the competence or integrity of judges and other holders of public office.

The rule states: “No member may reflect upon the competence or integrity of a judge of a superior court, the holder of a public office in a state institution supporting constitutional democracy referred to in section 194 of the constitution, or any other holder of an office (other than a member of the government) whose removal from such office is dependent upon a decision of the house, except upon a separate substantive motion in the house presenting clearly formulated and properly substantiated charges which, if true, would in the opinion of the speaker prima facie warrant such a decision.”

House chairperson Cedric Frolick, who was presiding over the session, said they will formally communicate with Mkhwebane because it was “quite clear it is a reflection on the incumbent chief justice, so such a substantiated motion is presented to the house, failing which the speaker may decide on the appropriate action to be taken”.

The Council for the Advancement of the South African Constitution (Casac) criticised Zondo for remarks he made in a TV interview earlier this month, saying they crossed the boundaries of acceptable speech by judges and should be reproached.

Casac 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 inquiry, judicial misconduct and the pending prosecution of former president Jacob Zuma.

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