Chief justice Raymond Zondo has once again assured South Africans about the integrity of the members of the judiciary.
Speaking at the national conference on 30 years of human rights in South Africa in Ekurhuleni on Monday, Zondo said it was clear in his mind that the country had an independent judiciary.
“There is absolute clarity in my mind that when it comes to the personal independence of the judiciary, we in South Africa have the personal independence of the judiciary,” he said.
“I have finished 27 years on the bench and not once have I ever had any minister, president or official phone me or ask for a meeting to discuss how a particular case should be decided.”
He said the judiciary was clear it needs stronger independence.
Zondo acknowledged that they had “serious challenges” when it comes to institutional independence.
We prepare to make sure that the journey starting after May 29, the journey of the fourth decade of our democracy can be a much more improved journey.
— Raymond Zondo, chief justice
“That is the challenge that we need to face,” he said.
“Fortunately the president and I have begun discussions aimed at making sure that the institutional independence promised by our constitution will be conferred on the courts because courts that have institutional independence are in a better position to defend, protect and promote the fundamental rights.
“As things stand, the judiciary is ready to go into the fourth decade of our democracy determined more than ever before to play its role despite the fact that for performing its duties the way it is supposed to, it is sometimes put in a difficult position because insults are hurled at the judiciary when they have done nothing wrong but just do their job properly.”
Zondo said he had no doubt that if more resources were made available to the judiciary, it would play its role in the fourth decade of South Africa’s democracy even better.
He said it was important for the country to reflect on the journey travelled over the past 30 years of democracy.
“We prepare to make sure that the journey starting after May 29, the journey of the fourth decade of our democracy, can be a much more improved journey.”
Defending human rights
Zondo described the judiciary as being at the centre of the promotion and defence of human rights.
South Africa’s constitution begins in section 1 by announcing to the world who we are as a state. It says we are one sovereign democratic state founded on certain values.
He cited section 38 of the constitution which confers that the courts are competent to enforce and defend the fundamental rights in the Bill of Rights, the power to grant appropriate relief, and allows anyone listed in that section to approach the courts when they feel their fundamental rights have been violated and it says the courts may provide relief.
“Our courts over the past 30 years have done exactly that when they have found that fundamental rights entrenched in the constitution have been violated in specific cases,” said Zondo.
“All of the rights that are set out in our Bill of Rights can be enforced in our courts. However, [for the courts] to be able to properly protect and defend these fundamental rights [requires] adequate judicial officers, and adequate resources to operate in an environment that allows them to administer justice expeditiously.”
Limited resources
Zondo said they accepted that the courts in South Africa cannot be in a perfect situation because resources are limited, but it is important that those who feel their fundamental rights have been violated and who take their disputes to the courts, are able to have their cases heard and decided reasonably quickly, because it is unacceptable when justice is delayed for too long.
Zondo cited a few cases in which he said the Constitutional Court’s ruling made a difference in people’s lives.
These included the landmark Makwanyane case in which the ConCourt outlawed the death penalty, and the Treatment Action Campaign’s case in which the court ordered the government to remove the restrictions that prevented the availing of nevirapine for the purpose of reducing the risk of mother to child transmission of HIV at public hospitals and clinics.
The court also ordered government to permit and facilitate the use of nevirapine to ensure people were saved and children didn’t contract HIV.
“That was a judgment which affected the lives of many people during that time. Now that HIV/Aids is not such a big issue, we might forget how important that judgment was,” said Zondo.
Of course the Constitutional Court has upheld the rule of law in many events, too many to mention. The ConCourt has ensured that parliament and the executive, when they go outside the constitution, are reined in so we all act in accordance with the constitution, he said.
“This is important because as long as people do not see any change for the better in their practical lives, despite the existence of a constitution that has these wonderful fundamental rights, they will have no respect for the constitution.
He said the constitution was enacted to ensure South Africa was a much better country than it was before 1994, but for it to be a much better country, the lives of the people must improve and be bettered.
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