The New National Party expressed concern on Friday after the Constitutional Court remarked in a judgment that it appeared the Limpopo government had not complied with court orders.
”In a judgement about certain issues of constitutionality regarding the Educators Act, the court held that it is essential that governments honour and comply with any orders handed down by our courts,” NNP justice spokesperson Carol Johnson said.
The court on Thursday ordered Limpopo’s provincial minister of education, Joyce Mashamba, to report back to it on October 16 regarding her department’s alleged non-compliance with certain court orders.
”The NNP believes that the independence and authority of our courts is fundamental to any democracy and constitutional dispensation. The justice system and the rule of law can only be upheld if the government respects and upholds court orders. This is crucial to build respect for, and confidence in, our legal system.”
The court dismissed the Limpopo education department’s application for leave to appeal against a Supreme Court of Appeal decision, which meant that a white male school principal kept his job, but said it had raised interesting questions. The department had installed a black woman in the post, but the Settlers Agricultural High School board won the right to keep the man in the top spot.
”In short, government must realise that no person or institution in this country is above the law,” Johnson said.
The judgement criticised the department for apparently ignoring several cost awards.
”If a structure of government is unhappy with a decision of a court it has legal remedies; refusal to pay orders for costs is not amongst them… If governments do not obey the court, they cannot expect citizens to do so,” the judges said in their ruling.
The court ordered that it be immediately established whether costs awarded in the Transvaal Provincial Division and the Supreme Court of Appeal had been paid, and if not, that costs be paid ”without further delay”. — Sapa