Pretoria – The National Executive and the judiciary held a historic meeting on Thursday to enhance the working relations between these two arms of the State.
The meeting, which was held at the Union Buildings in Pretoria, was chaired by President Jacob Zuma.
It was requested by Chief Justice Mogoeng Mogoeng in July, after comments by some senior government ministers and others in the ruling party that some court verdicts were biased. The judiciary was of the view that the criticism "had the potential to delegitimise the courts".
In South Africa, the separation of powers is enshrined in the Constitution which outlines the various functions and powers of the three arms of state; the Executive, Parliament and the Courts.
The Executive makes policy and has to implement laws passed by Parliament, which makes the laws.
The Judiciary has to interpret the laws made by Parliament. They are all expected to implement, interpret or make laws in line with the South African Constitution which is the highest law in the land.
After their marathon meeting at the seat of government, which started at 10am and ended in the early evening, the two arms of state briefed the media.
They labelled the meeting - which was the first of its kind in the democratic South Africa - as frank and cordial, saying the exchange of views was conducted in an atmosphere of mutual respect.
The meeting, the President said, has yielded positive outcomes that will enable the two arms to work better together to serve the people of South Africa.
“The two delegations raised their concerns on a number of issues, including statements made in the public domain from both sides which may have brought into question the integrity of both the national executive and the judiciary.”
In a joint press briefing, President Zuma maintained that the government respects the independence of the judiciary and that it has gone to great lengths to preserve and safeguard the separation of powers‚ and in particular the independence of the judiciary‚ which is pivotal for the advancement of the rule of law.
He mentioned that the government has taken measures to defend and protect the courts to ensure their independence‚ impartiality‚ dignity‚ accessibility and effectiveness.
Key agreements
The meeting resulted in ten key agreements. These include the respect for the separation of powers and the integrity of the two institutions.
They also vowed to exercise care and caution with regards to public statements and pronouncements criticising one another.
“Failure to do so will undermine the global status of the Republic as a bastion of democracy, tolerance, human rights and the rule of law,” said President Zuma.
A healthy democracy requires respect between different arms of the state, he said.
Further, they vowed to strive to promote the values and ethos of the Constitution in their utterances.
“The arms of the State should not be seen to be antagonistic towards one another in public,” said President Zuma, who also reiterated that the transformation of the judiciary and the legal profession are at the heart of the constitutional enterprise and the parties have a responsibility to strive towards its achievement.
In those instances, where judges are believed to have conducted themselves unethically, President Zuma said they agreed to that other arms of the state, entities or members of the public should make use of the structures set up to address such concerns, and report them to Judicial Conduct Committee of the Judicial Service Commission.
Similarly complaints against magistrates must be reported to the Magistrates Commission.
The meeting also resolved that court orders should be respected.
The meeting, according to the President, is the foundation of future engagements to discuss issues that may arise from time to time.
“The administration of the courts, access to justice and transformation have been identified as issues requiring specific focus in future engagements.”
Meeting an eye-opener
Addressing the briefing, Chief Justice Mogoeng said the meeting was an eye-opener and an enriching experience and that despite concerns of tension between the two sides, South Africa was not in a constitutional crisis.
“All we see was a moment for deep reflection, a moment for a brutal, institutional self-introspection. Our democracy is healthy, hence these concerns …we will make it healthier as we embark on the process alluded to by President Jacob Zuma.”
He said judges should be susceptible to criticism but it should be fair and in good faith.
“Open yourself up to the concerns of others, even if you may not agree with them. There may just be something to learn from that criticism.”
President Zuma was accompanied by Deputy President Cyril Ramaphosa, Minister of Justice and Correctional Services, Michael Masutha and his deputy John Jeffery.
Other cabinet ministers included Science and Technology Minister Naledi Pandor, Human Settlements Minister Lindiwe Sisulu, Environmental Affairs Minister Edna Molewa and Cooperative Governance and Traditional Affairs Deputy Minister Carl Nel.
The judiciary delegation, led by Chief Justice Mogoeng, comprised Deputy Chief Justice Dikgang Moseneke, President Lex Mpati, Justice Mohamed Solomon Navsa and Judge Presidents John Hlophe, Diale Kgomo, Monica Leeuw and Dunstan Mlambo. - SAnews.gov.za
