ACDP Opposes Proposed Tenure of Constitutional Court
Judges


ACDP Opposes Proposed Tenure of Constitutional Court
Judges

Wednesday, 22 August 2001

Steve Swart MP - ACDP

Justice spokesperson for the African Christian Democratic Party and
member of the Justice and Constitutional Development Parliamentary
Committee, Steve Swart, today expressed reservations to the proposed
constitutional amendment relating to the tenure of constitutional court
judges.

Mr Swart said, "The Constitutional Court has the final say on
interpretation and application of the Constitution, certain aspects of
which are particularly contentious to our constituents, which
necessitated our voting against the National Constitution. The
pronouncements of the court have and will undoubtedly continue to
influence the moral course of the nation. It is therefore highly
undesirable that any constitutional judge, wielding such political power
and moral authority with a legally binding final say, should be
appointed for life."

Mr Swart added that it was significant that the Constitutional Court
judges were originally appointed for seven years under the Interim
Constitution, and that the period was increased to twelve years under
the final Constitution. He termed a further extension of tenure for
life, as is now being sought, as unacceptable.

Mr Swart concluded by expressing his agreement with certain legal
academics and judges (Pretoria and Johannesburg) led by Judge President
Ngoepe in opposing the proposed amendment.

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For more information please call Steve Swart MP at 083 2856290 or ACDP
Media Liaison Liza Lambert at 082 4781037