One of the key elements for a functioning democracy is to have an independent Judicial system. The judicial system needs to be fair, represent the law and protect citizens, independent of the government of the day.
President Jacob Zuma (JZ) proudly announced that he sees 'a need to review the Constitutional Court's powers'. For those who do not know, the Constitutional Court (CC) is the highest court in South Africa and passes judgment of very sensitive issues. Once it has ruled, that is it for the legal process and the Judgment is set in stone.
One of his concerns is split decisions and because of this, he argues that a majority judgment cannot be correct, because 'the judges themselves have different views.' The 'walking brain' goes on to say 'it is after experience that some of the decisions are not decisions that every judge in the Constitutional Court agrees with.' This seems a rather obvious statement as it seems not only obvious, but expected that people would disagree. Judges are no different.
By this statement we could assume JZ would like to appoint judges himself that would agree with each other and of course, him and his supporters.
By this statement we could assume JZ would like to appoint judges himself that would agree with each other and of course, him and his supporters.
He also claims that judges were influenced by what's happening in general and by the media- and that if decisions of parliament and the executive could be questioned, then he sees no reason why the judiciary cannot also be questioned. This is a fair statement in that that judges are human, and thus would find some type of external influences. Having said this,to stop judges being influenced, Mr Pres would have to appoint a set of identical robots to the bench to do his bidding. It is going to happen as it does worldwide. We have to have faith in our highest judges to be fair-there really is no other option.
JZ reminded the judiciary last year that their powers were not superior to the executive, who were elected by popular vote. During December last year, the ANC led cabinet decided, in their infinite wisdom, that they would assess judgments handed down by the constitutional court. This in itself to me is unconstitutional. Almost like a student marking his own exam without the correct answer sheet.
It must be noted, that our brilliant President denies his attack on the CC is due to judgments going against himself and the presidency of late.
The presidency, in defense of their Boss, have stated that this step is needed 'to assess the trans formative nature of the court in the land in promoting equal, non-racial non-sexist and prosperous society' and is in line with the aforesaid cabinet decision.
This is a worrying step for a country that once looked like it would be the beacon for a working democracy in an otherwise dysfunctional Africa. The Constitutional Court is there to protect the citizens from laws and moves that will harm them and the country. In JZ's view, 'the executive, as elected officials, has the sole discretion to decide policies for government.' This is where the court's come in- to set a platform to challenge those that prejudice the country and the voters. Mr 'I will only serve one term' it seems has warmed up to the power presidency holds and is rallying his supporters, so we can be lucky enough to have him on top for another 4 years. We witnessed how his once loyal supporter, Malema, was cast to the wolves because he turned his allegiance. This indicated that Zuma is consolidating his support and doing what he can to secure another term.
Control over the media and the judiciary would be a Joker in his and the ANC's pack of evil playing cards. We, as the public would be at their mercy. We appear to be walking down the path that led China and Russia to be the great anti democracies they are today. To read into their statements, the ANC would like a state that they control on their terms, where they can continue wallowing in the money trough, carry on the lucrative corruption business and get filthy rich while the citizens suffer- all under the safe blanket of non accountability.
This may seem extreme, but it is the sad truth. The move against the judiciary together with the famous 'Media Bill' will hurt South Africa in ways we cannot imagine. Our official opposition will fight it with all they are, but they do not have the power to fight the ANC and should the courts be in the ANC pockets, then there will be no recourse.
We as citizens need to wake up and see what is happening. Thousands fought and died for the freedom we now enjoy. However, maintaining freedom is also a fight and we need to fight to preserve what we have because the JZ led government is going to snuff out what it can.
The presidency, in defense of their Boss, have stated that this step is needed 'to assess the trans formative nature of the court in the land in promoting equal, non-racial non-sexist and prosperous society' and is in line with the aforesaid cabinet decision.
This is a worrying step for a country that once looked like it would be the beacon for a working democracy in an otherwise dysfunctional Africa. The Constitutional Court is there to protect the citizens from laws and moves that will harm them and the country. In JZ's view, 'the executive, as elected officials, has the sole discretion to decide policies for government.' This is where the court's come in- to set a platform to challenge those that prejudice the country and the voters. Mr 'I will only serve one term' it seems has warmed up to the power presidency holds and is rallying his supporters, so we can be lucky enough to have him on top for another 4 years. We witnessed how his once loyal supporter, Malema, was cast to the wolves because he turned his allegiance. This indicated that Zuma is consolidating his support and doing what he can to secure another term.
Control over the media and the judiciary would be a Joker in his and the ANC's pack of evil playing cards. We, as the public would be at their mercy. We appear to be walking down the path that led China and Russia to be the great anti democracies they are today. To read into their statements, the ANC would like a state that they control on their terms, where they can continue wallowing in the money trough, carry on the lucrative corruption business and get filthy rich while the citizens suffer- all under the safe blanket of non accountability.
This may seem extreme, but it is the sad truth. The move against the judiciary together with the famous 'Media Bill' will hurt South Africa in ways we cannot imagine. Our official opposition will fight it with all they are, but they do not have the power to fight the ANC and should the courts be in the ANC pockets, then there will be no recourse.
We as citizens need to wake up and see what is happening. Thousands fought and died for the freedom we now enjoy. However, maintaining freedom is also a fight and we need to fight to preserve what we have because the JZ led government is going to snuff out what it can.
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