The Democratic Alliance on Sunday came out in strong support of judges who criticised the Department of Justice and Constitutional Development’s plan to change the Constitution to regulate the country’s judiciary better.
”The DA fully supports the senior members of the judiciary, including outgoing Chief Justice Arthur Chaskelson and chief justice designate Pius Langa in their principled stand against amendments to the Constitution and other legislation negatively impacting on the independence of the judiciary,” DA MP Sheila Camerer said in a statement.
She said it is ”clearly unprecedented” that the government should have the whole of the judiciary against it ”on such matters”.
This followed media reports on Sunday that judges have reacted angrily to proposed new legislation that would give the Department of Justice and Constitutional Development control of the administration of courts, as well as the power to reprimand judges.
The department also wants to institute training for judges at an institution run and managed by the government.
”Several Constitutional Court judges commented that legislation should be amended to conform to the Constitution and not the other way round, as in this case, where the Constitution is being tailored to suit new legislative proposals.”
Camerer said these proposed new legislative measures are further proof that the African National Congress is ”bent of forcing the judiciary to be more executive-minded”.
She suggested that the papers presented by the judges at a colloquium held last week, as well as the minutes of the meetings, be made available to the public.
Minister of Justice and Constitutional Development Brigitte Mabandla attacked the judiciary last week, saying it is slow in introducing transformation.
”It is common knowledge that the justice sector in some respects is lagging behind in transformation,” she said at the opening of a two-day conference on transformation in the justice system.
Problems facing the judiciary include racism, sexism and language.
Although the minister’s address at the meeting was open to the media, the judges’ comments on proposed legislative changes were heard behind closed doors.
The justice department was on Sunday afternoon unable to react.
”I am still trying to get hold of the minister to formulate a response,” departmental spokesperson Kaizer Kganyago said. — Sapa