/ 17 June 2011

Alliance takes short cut to ConCourt

Alliance Takes Short Cut To Concourt

The controversy over President Jacob Zuma’s extension of the term of Chief Justice Sandile Ngcobo could get to the Constitutional Court quicker than previously envisaged.

Justice Alliance South Africa (Jasa), a coalition of civic bodies, says it will file papers in the Constitutional Court on Monday for direct access as it believes the president acted contrary to the Constitution and indeed unlawfully.

Zuma extended Ngcobo’s term by five years from August 16 using Section 8(a) of the Judges’ Remuneration and Conditions of Employment Act, 2001.

The Centre for Applied Legal Studies at Wits University and the Council for the Advancement of the South African Constitution launched an urgent court application in the North Gauteng High Court in Pretoria to have the law declared unconstitutional and Zuma’s decision invalid.

But Jasa’s John Smyth said the alliance had sought direct access to the Constitutional Court as the matter was urgent — the extension of Ngcobo’s term would begin in two months’ time.

He said only the Constitutional Court could adjudicate when a president had failed to fulfil a constitutional obligation.

According to the law, anyone who wanted to bring legal action against a sitting judge had to get the permission of the president of the Supreme Court of Appeal, Judge Lex Mpati, who granted it on Monday, Smythe said.

In terms of section 176 of the Constitution the term of a Constitutional Court judge could be extended beyond 12 years only by an Act of Parliament, he said.

Zuma has dismissed allegations that the extension of the chief justice’s term of office was unconstitutional.