Under siege: Concerted attacks on SA's judiciary should have us all worried
For years, the judiciary has been in the firing line. Often needlessly. While appropriate criticism of judgments makes for vibrancy, what has been happening in South Africa is baseless vilification of the judiciary - a gratuitous insult often devoid of logic and substance. Under the presidency of Jacob Zuma, these attacks intensified. For politicians - the judiciary became an easy target.
At one point, then-Chief Justice Mogoeng Mogoeng was moved to hold a meeting with then-President Zuma after senior ANC members hit out at the judiciary. It didn't help. The attacks continued, before eventually turning into allegations. EFF leader Julius Malema entered the fray, accusing some judiciary members of receiving bribes from white business interests.
After stepping down as president, Zuma upped the ante. He made various allegations against State Capture Inquiry chairperson Raymond Zondo. He employed delaying and obfuscation as tactics to avoid his day in court. The JSC - which was meant to protect judges and the reputation of the judiciary - kept quiet as the attacks continued.
The JSC itself appeared to have become "factionalised", as the political representatives on the JSC imported party politics onto the body. This has prompted calls for reform in the composition of the JSC. But the situation remains extant - and political party representatives, along with professional industry representatives who punt their own political interests, ensure that the coordinated efforts to ensure erosion of trust in the judiciary and our constitutional order continue apace.
Here are just a few quotes from some of our country's politicians - which illustrate the point:
"Today, in the high echelons of our judicial system are these mentally colonised Africans, who have settled with the worldview and mindset of those who have dispossessed their ancestors. They are only too happy to lick the spittle of those who falsely claim superiority. The lack of confidence that permeates their rulings against their own speaks very loudly, while others, secure in their agenda, clap behind closed doors." - Lindiwe Sisulu
"Judges are acting as if they were the political opposition." - Gwede Mantashe
"Judiciary [are] gradually becoming a political dictatorship." - Blade Nzimande
"[The] Constitutional Court is comprised of a few lawless judges." - Jacob Zuma
In this week's Friday Briefing, News24 senior legal writer Karyn Maughan analyses how these concerted attacks on the courts are threatening the judiciary's resilience.
In her analysis, Maughan reflects on the court ruling that Chris Hani's killer Janusz Walus should be released on parole, and reactions to it, which are loaded with rhetoric rather than argument. There may well be good judicious reasons why he be continued to be denied parole, but few have been advanced. She also examines the ruling, which said the granting of medical parole to Zuma was unlawful. Both judgments have subsequently resulted in attacks on the SCA and the Constitutional Court.
Maughan also spoke to retired SCA Judge Azhar Cachalia on why he decided, in light of the politicisation of the JSC, not to subject himself to interviews for a vacancy in the Constitutional Court. He tells Maughan it would be "naïve" to deny that state capture did, in fact, affect the judiciary.
While he feels that things have changed for the better at the JSC, there is still a long way to way to go for its effective rehabilitation and reform.
If you genuinely care about justice, constitutional democracy, democratic government and the rule of law, you should pay attention to this long read.
Best,
Vanessa Banton
Opinions editor.
The Big Chill: Inside the campaign to intimidate SA’s judiciary, and cripple rule of law
South Africa's judges have primarily held the line against irrational and unlawful conduct by the powerful. But, Karyn Maughan writes, years of politicised Judicial Service Commission interviews and concerted attacks on the courts now threaten the judiciary's resilience.