/ 10 January 2005

ANC defends ‘judge-bashing’

The policy statement issued at the weekend by the African National Congress neither threatened nor attacked white judges, the party said on Monday.

“It is instead an honest assessment of the state of transformation within the judiciary, consistent with the long-standing policy objectives of the ANC and the requirements of the Constitution,” the ANC said in a statement.

On Saturday, at the organisation’s 93rd anniversary celebrations, the party’s national executive said there is a challenge to transform the “collective mindset” of the judiciary to bring it into line with the aspirations of “the millions who engaged in struggle to liberate our country from white minority domination”.

It said many within the judiciary “do not see themselves as being part of these masses, accountable to them, and inspired by their hopes, dreams and value systems”.

The ANC said on Monday it is “disappointed, though not surprised”, by the response of some opposition parties and media to the weekend statement.

“Most of those who have commented have sought to misrepresent the ANC’s position on this matter,” it said. “The statement is neither a ‘threat’ to judges nor an ‘attack’ on white judges, as some have claimed.”

It is also disappointed that most of those who responded publicly on the matter still refuse to accept the need for transformation, not only in the judiciary, but in all other spheres of public life.

The comments on the transformation of the judiciary in the January 8 statement were consistent with the long-standing policies of the ANC, which have repeatedly received the support and endorsement of the South African electorate, it said.

“The need for the judiciary to reflect broadly the racial and gender composition of South Africa is explicitly referred to in the South African Constitution,” it said.

Also on Monday, the Inkatha Freedom Party added its voice to criticism of the ANC’s position.

IFP justice spokesperson Koos van der Merwe said it is significant that President Thabo Mbeki was not part of the ANC’s “vicious attack” on white judges.

He had wisely avoided being drawn into the matter by omitting reference to it in his speech at the anniversary celebrations.

The attack clearly forms part of a campaign of “white judge-bashing”, which has led to the Judicial Services Commission denying appointments to judges because they are not black.

“White judges have sworn loyalty to the Constitution and are upholding the Constitution in the best judicial tradition,” he said. — Sapa

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