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IN THE HOUSE: Chief justice Mogoeng Mogoeng address a join sitting of Parliament yesterday to bid farewell to his predecessor Sandile Ngcobo. Photo: Ntswe Mokoena

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Speaking at a joint sitting of Parliament to bid farewell to former chief justice Sandile Ngcobo and welcome new chief justice Mogoeng Mogoeng, Zuma cautioned that the executive must be allowed to do its work without threats of legal action.

"Our view is that the executive, as elected officials, has the sole discretion to decide policies for government," he said yesterday.

Zuma said he was aware that when he raised similar sentiments in the past it raised a heated debate.

Mogoeng was nominated followed a stir caused by Zuma's attempt to extend Ngcobo's five-year term.

Relying on a clause in legislation determining the salaries and employment condition of judges, Zuma triggered a legal row when he tried to get Ngcobo to stay on another five years.

Ngcobo later declined Zuma's offer, opting to step down on August 14, the official date of his retirement.

Mogoeng's nomination, however, did not go down well in legal circles and other sectors, as many felt deputy chief justice Dikgang Moseneke should have been the preferred candidate.

Zuma's warning comes after several ANC leaders, including secretary-general Gwede Mantashe, NEC member Ngoako Ramatlhodi and ANC youth league president Julius Malema rallied against what they perceive as efforts by pressure groups to govern through the courts.

This is after interest groups threatened a spate of legal challenges against government action and laws they disagree with, including the controversial Protection of Information Bill. The bill was put on ice by the ANC following a public outcry.

Mantashe told Sowetan that "the independence of the judiciary and the separation of powers must never be translated into hostility".

Malema said the courts were being used to bring apartheid through the back door at a press conference arranged shortly after Judge Colin Lamont's ruling declaring the songShoot the Boer as hate speech.

Ngcobo told MPs yesterday that no arm of government could claim to be more superior than others.

Comments

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Sat May 18 19:09:27 SAST 2013 ::

Nov 2, 2011

BoetieInBrasil

Actually in a true democracy no one is above the law, as in, no one person decides what is or isn't right.

In a true democracy.

Not a one party state in which a party is re-elected time after time for poor service delivery after invoking the zombie of come-back apartheid.

If you are tired of this BS come to Brazil, or most s
South American countries, apart from ANCYL buddies Venezuela and Bolivia to see what growth and prosperity is like.
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Nov 2, 2011

MommaC

The legislature makes laws. They can't then turn around and claim that they are not subject to the very laws that they made.

If government doesn't want to defend their decisions in a court of law then they shouldn't make decisions that go against the law - politicians can NOT be above the law.
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Nov 2, 2011

SteveBiko

If the courts wants to rule this country they must contest the national elections, and stop been used by apartheid benfetiaries to ruin the lives of our leaders espectially Malemaforum oh sorry i meant Afriforum.
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Nov 2, 2011

Tikoloshe

The problem is that we have an uneducated president who doesn't grasp the concept of constitutionality and puts before parliament legistation which is in contravention thereof.

It's anybody's constitutional right to challenge these persistent oversights.

So Mr President....READ and UNDERSTAND the contents of the constitution because as the first citizen of this country you'er are the ultimate custodian thereof!!!

2012 you're out anyway.
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Nov 2, 2011

Oshmax

Did the president not swear to uphold the consitution? If he did , and unless he wants to break his oath, he should support the court.

He should rather get better advisors who can assess the constitutionality of what he wants to do, before he does it. That way he won't always look a ninny when decisions are challenged!
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Nov 2, 2011

LoveSA

Fu'ck off jacob! You are going to lose this round too. LOL

Remember jacob. You are not the boss. The People of SA are the boss.
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Nov 2, 2011

RobinH

Spoken like a true parrot, Steve. Our illustrious leader's statement is preposterous, but then, what's new?
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Nov 2, 2011

Mndende

Futsek wena Zuma...
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Nov 2, 2011

joyful

Zuma is a mixture of stupidity, ignorance, and confusion..............

when he became president, he took an oath to abide by the constitution! which also include freedom of speech & expression and access to information................

just because he wants to hide his & his idiots' corrupt activities, he want that scraped so that we must all shut up, not hear anything about corruption!
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Nov 2, 2011

fally

hayivo!! suka wena Zuma ,tis time get anew prisdent not some one above the law.
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