ACDP shares concerns with opposition on independence of judiciary

Steve Swart, MP


The ACDP shares concerns expressed by the judiciary and opposition parties relating to proposed amendments to the Constitution and other legislation that threaten the independence of the judiciary.

We believe this concern is justified, particularly when these developments are considered against the backdrop of the ANC statement earlier this year that the “collective mindset of the judiciary” must be changed.

The ACDP will be studying the proposed amendments very carefully to ensure that the separation of powers and the independence of the judiciary is not compromised in any way. Laws must be drafted to conform to the Constitution, and not the Constitution amended to suit laws, whose sole aim is to further government policy.

We support the creation of a mechanism to deal with complaints against judges, as well as provisions relating to training of judges. These measures must, however, be driven and controlled by the judges themselves, save where the Constitution provides otherwise.

Whilst we support the transformation of the judiciary to make it more representative, the independence of the judiciary is a non-negotiable. Furthermore, transformation of the judiciary can never mean that the judiciary should be executive-minded.

The ACDP appreciates that the package of laws is, according to Justice Minister Brigitte Mabandla, not “caste in stone,” and consequently calls upon the Minister to reconsider the legislative proposals in view of the concerns of the judiciary regarding certain provisions.

This, we believe, would allay fears concerning threats to the independence of the judiciary.