Chief Justice Pius Langa steered clear on Tuesday of the controversy around Cape Judge President John Hlophe and suspended National Director of Prosecutions Vusi Pikoli.
He told students at the University of KwaZulu-Natal in Durban that he knew there were many who wanted him to speak on President Thabo Mbeki’s decision to suspend Pikoli.
Langa said he was also aware that the media wanted to speak to him about a Judicial Service Commission (JSC) decision not to impeach Hlophe.
The topic of his lecture was: ”The role of the South Africa Constitution in building a more equal and humane society.”
”Just imagine, three months ago we did not know that the national director of public prosecutions would be under suspension. I’m sure you want me to speak about that,” Langa said.
”About three months ago when we probably fixed this date, you did not know I would be standing here with the media hunting me down to ask me about Judge Hlophe. I’m sure you want me to speak about that.”
Asked by a student after his lecture whether there was a constitutional crisis brought about by the suspension of Pikoli, Langa said he could not give his personal views on constitutional issues.
”You would not want a situation to occur when the matter comes to the Constitutional Court and the chief justice cannot sit to hear that case.
”So if you ask me about constitutional issues here and I … tell you what I think and that matter then comes to the Constitutional Court, I will not be able, having expressed my own views here, to be part of the court or deal with those issues.”
He said he ”suspected” claims that there was a constitutional crisis came from the fact that there were people who believed Mbeki did not have the power to suspend Pikoli.
”I think it is for my court to say there is a constitutional crisis. We haven’t said that yet.”
After his lecture, Langa simply told the media ”the JSC has made its decision”, before leaving to catch his flight. — Sapa