The Law Society of South Africa (LSSA), which represents the majority of the country’s attorneys, on Thursday launched a scathing attack on the ANC and the government for ‘the perception that the principles of the rule of law are under threatâ€.
The LSSA criticises government’s delay in making its submissions to the Ginwala inquiry which is investigating suspended National Prosecuting Authority boss Vusi Pikoli’s fitness to hold office; the ‘chilling†public arrest of Gauteng Scorpions boss Gerrie Nel by the police; Cabinet ministers and MPs creating the impression that the disbandment of the Scorpions is a fait accompli and the ANC’s ‘completely unwarranted†attack on Deputy Chief Justice Dikgang Moseneke.
The LSSA calls on Cabinet and Parliament to assure South Africans ‘that the fate of the DSO [the Scorpions] will be decided only after proper public participation, including public hearings. Without such due process, Parliament’s role is likely to be relegated to nothing more than that of rubber-stamping the ruling party’s resolutions.â€
The timing of the ANC’s resolution to disband the Scorpions ‘in the context of the charges faced by Messrs [Jacob] Zuma and [Jackie] Selebi†creates the impression that the move is not solely based on what is best for crime fighting, the LSSA says.
The ANC’s deadline of June for shutting down the Scorpions is ‘unrealistic and unacceptableâ€.
According to the LSSA, every incident mentioned is sufficient cause for concern.
Although the LSSA does ‘not necessarily say†these impressions are justified, it believes that it has a duty to draw attention to them ‘and to call on all stakeholders to act calmly and rationally, to uphold the Constitution and the rule of law, and to protect and preserve the independence of the judiciaryâ€.