IMAGE: Flickr/University of the North West
Earlier this week, I wrote on Daily Maverick about a heated battle between the Ministry of Justice and the Judiciary in South Africa. The Chief Justice, the Head of the Judiciary in the terms of the Constitution and statutory law, is demanding institutional independence, pronto!
On November 25, 2014, the Chief Justice delivered a fiery keynote address at the University of South Africa. The speech outlines an unbelievable battle between himself, the representing the Judiciary, and Minister Masutha, representing the Executive. It is a TV series-style battle between a belligerent power mongering Minister and a lowly Judge, which has forced the President to intervene on a number of occasions.
The speech is also a window to peer into the workings of government in South Africa. Contrary to popular belief, it appears, President Jacob Zuma does not to micromanage departments. Further, it appears that there are multiple centers of power within the current administration and they disagree about the role and independence of the Judiciary.
The South African Broadcasting Corporation (SABC) has snippets of his fire-and-brimstone address. (We here at Law Thinker will try to get a full copy of the video soon.)
The Chief Justice has a stern warning for South Africans, our constitutional democracy is at risk. He warns the country that an independent judiciary is indispensable to democracy and progress. judicial independence assures protection and enforcement of rights, accountability by state institutions and guarantees investor protection.
Chief Justice Mogoeng invites the public to get involved and to educate themselves about the possibly unconstitutional actions of the South African Government.
In the meantime, we invite you to read the Chief Justice’s full speech. UNISA Speech by Chief Justice Mogoeng.
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