President Thabo Mbeki has written a letter to South Africa’s last white president, FW de Klerk, assuring him that the state is committed to judicial independence.
This emerged from documents the FW de Klerk Foundation released to the media this week, containing copies of letters between Mbeki and De Klerk, who expressed concern about recent attacks on the judiciary.
”On July 30 2008, I wrote a letter to the president in which I brought to his attention recent intemperate attacks on the courts and the duty of organs of state to assist and protect the courts ‘to ensure their independence, impartiality, dignity, accessibility and effectiveness’ in terms of section 165[4] of the Constitution,” De Klerk said in a statement.
A week later, Mbeki replied to his letter and drew De Klerk’s attention to a statement a day before by the chief executive of the Government Communication and Information Service that the government had discussed the issue.
”He [Mbeki] confirmed the responsibility of the state to safeguard the independence of the judiciary and reiterated the government’s commitment to the Constitution, including the independence of the judiciary and the rule of law,” said De Klerk.
African National Congress (ANC) secretary general Gwede Mantashe made newspaper headlines in July when he reportedly labelled judges as ”counter-revolutionary forces”.
The ANC later said he was misquoted.
”Mantashe did not say that the actions of the Constitutional Court judges were counter-revolutionary. But he did say that their actions brought the highest court in the land into disrepute,” the ruling party said in its weekly online newsletter.
This was at the time when the judges of the Constitutional Court lodged a complaint against Cape Judge President John Hlophe, accusing him of allegedly attempting to interfere in a ruling related to the corruption charges against ANC president Jacob Zuma.
The perceived attacks against the judiciary took centre stage again this week when cartoonist Jonathan Shapiro, pen-named Zapiro, drew a controversial cartoon showing a blindfolded female figure labelled ”justice system” being pinned down by Zuma’s political allies.
The ANC president is depicted in the cartoon unzipping his pants, while Mantashe urges him: ”Go for it, boss!”
De Klerk said Mbeki, in their correspondence, invited him to ”lodge any complaints that I might have with the authorities for investigation and possible prosecution”.
Mbeki also informed De Klerk that he had sent copies of their letters to the ANC ”for its information and any comment that it might choose to make”.
De Klerk said he thanked Mbeki for his letter, but replied again, pointing out that it was not his responsibility to take the matter forward, but that of the state.
”I suggested that the appropriate organs of state should consider what further action should be taken to protect the courts and to prevent any further attacks on their dignity and impartiality. I am still awaiting a final reply to my latest letter,” said De Klerk. — Sapa