JUDGES should not be immune to public scrutiny and criticism of their rulings. This is according to Justice Minister Jeff Radebe, who was unpacking details of a planned judicial review by government, which has sparked widespread condemnation.
Radebe was addressing journalists in Cape Town yesterday to provide more details on the planned review of all court decision, including those of the Constitutional Court. "There is supporting literature that in a constitutional democracy such as ours, criticism of the court's decisions is both permissible and desirable," he said.
He said judges should be held to the same standards as those expected of the executive and parliament. "Judges are not less immune to public scrutiny than members of the executive and legislature."
President Jacob Zuma sparked fears two weeks ago when he said government was planning to undertake a review of the powers of the Constitutional Court. "We don't want to review the Constitutional Court, we want to review its powers," he said.
Several ANC leaders have also gone on their own onslaught against the courts. Secretary-general Gwede Mantashe told Sowetan last year the courts were hostile to the executive.
"You can't have a judiciary that seeks to arrest the functioning of government. For every small disagreement in parliament, the opposition threatens to take matters to the court. Once you have that, then you will have a perception that says the judiciary is actually consolidating opposition to government."
Radebe yesterday, however, gave a clearer picture of the planned assessment of the decisions of the Constitutional Court, which will be undertaken in the next 18 months. It will rely heavily on research already conducted by legal academics on the subject to determine the impact of the court's rulings on the transformation of society as a whole. Outcomes of the review will be used to:
l Draw up laws to enhance the role of the Judicial Services Commission and the Magistrates Commission in speeding transformation of the judiciary,
l Improve the skills and competencies of judicial officers, enabling them to deliver judgments geared towards the goal of transforming society,
l Establishing mechanism for the state to monitor its own implementation of court decisions that affect government departments, and
l Encourage the three arms of the state - executive, judiciary and the legislature - to engage in regular debates to manage their interaction in terms of the separation of powers and how each arm contributes to the goal of transforming society.
Legal expert Pierre De Vos said while he was happy that Radebe had emphasised the superiority of the doctrine of the separation of powers, the minister had said very little about the reasons behind the review.
DA justice spokeswoman Dene Smuts said the announcement by Radebe confirmed her party's suspicion that the proposed assessment may be an attempt by the executive to co-opt the courts.
Judges should also be scrutinised, says Radebe
JUDGES should not be immune to public scrutiny and criticism of their rulings. This is according to Justice Minister Jeff Radebe, who was unpacking details of a planned judicial review by government, which has sparked widespread condemnation.
Radebe was addressing journalists in Cape Town yesterday to provide more details on the planned review of all court decision, including those of the Constitutional Court. "There is supporting literature that in a constitutional democracy such as ours, criticism of the court's decisions is both permissible and desirable," he said.
He said judges should be held to the same standards as those expected of the executive and parliament. "Judges are not less immune to public scrutiny than members of the executive and legislature."
President Jacob Zuma sparked fears two weeks ago when he said government was planning to undertake a review of the powers of the Constitutional Court. "We don't want to review the Constitutional Court, we want to review its powers," he said.
Several ANC leaders have also gone on their own onslaught against the courts. Secretary-general Gwede Mantashe told Sowetan last year the courts were hostile to the executive.
"You can't have a judiciary that seeks to arrest the functioning of government. For every small disagreement in parliament, the opposition threatens to take matters to the court. Once you have that, then you will have a perception that says the judiciary is actually consolidating opposition to government."
Radebe yesterday, however, gave a clearer picture of the planned assessment of the decisions of the Constitutional Court, which will be undertaken in the next 18 months. It will rely heavily on research already conducted by legal academics on the subject to determine the impact of the court's rulings on the transformation of society as a whole. Outcomes of the review will be used to:
l Draw up laws to enhance the role of the Judicial Services Commission and the Magistrates Commission in speeding transformation of the judiciary,
l Improve the skills and competencies of judicial officers, enabling them to deliver judgments geared towards the goal of transforming society,
l Establishing mechanism for the state to monitor its own implementation of court decisions that affect government departments, and
l Encourage the three arms of the state - executive, judiciary and the legislature - to engage in regular debates to manage their interaction in terms of the separation of powers and how each arm contributes to the goal of transforming society.
Legal expert Pierre De Vos said while he was happy that Radebe had emphasised the superiority of the doctrine of the separation of powers, the minister had said very little about the reasons behind the review.
DA justice spokeswoman Dene Smuts said the announcement by Radebe confirmed her party's suspicion that the proposed assessment may be an attempt by the executive to co-opt the courts.
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