Judiciary laudable in outlining its purpose

Recent gratuitous criticism and unwarranted statements that have been levelled at the judiciary have given the organised legal profession cause for great concern as they potentially undermine the good standing, independence and public image of one of the pivotal institutions of democracy and the rule of law.

This compelled the leadership of the judiciary to take the unprecedented step, on July 8, of publicly asserting its independence and reaffirming the commitment of judges to the constitution of South Africa and the oaths that they have sworn to uphold.

The Cape Law Society unequivocally supports the initiatives spearheaded by Chief Justice Mogoeng Mogoeng, heads of court and senior judges of all divisions in support of the rule of law as a fundamental principle of our constitutional democracy.

We urge the chief justice to engage with the executive and the legislature at the highest level and to urgently address the cabinet to assert its position on:

l The role of the judiciary in a constitutional democracy and the importance of maintaining the legitimacy and authority of the courts.

l The judiciary’s perspective on the rule of law, the doctrine of constitutional supremacy, the doctrine of separation of powers (checks and balances).

l The normative rules that determine and regulate the relationship between the three arms of government – the executive, legislature and the judiciary.

We believe that this initiative will go a long way towards restoring the public image of the judiciary and the relationship between the executive, legislature and the judiciary.

Ashraf Mahomed

President of the Cape Law Society