Faizel Patel – 30/08/2021

Legal researcher at the Helen Suzman Foundation Chelsea Ramsden says with allegations being level at the judiciary and the evidence presented at the state capture inquiry,  it is critical that the judiciary has a strong leader with integrity.

Ramsden together with Democratic Alliance (DA) Shadow Minister of Justice & Correctional Services Advocate Glynnis Breytenbach and Executive Secretary of the Council for the Advancement of the South African Constitution (CASAC) Lawson Naidoo were speaking to Radio Islam about the importance of an independent judiciary and the role of the Chief Justice.

The appointment of Mogoeng Mogoeng as Chief Justice in September 2011 was received with some concerns.

Allegations of improper influence on judges, African Nation Congress (ANC) influence in appointments and an anti-intellectual and anti-legal bent exhibited by members of the Judicial Service Commission recently has cast a pall on judges and the judiciary.

With Mogoeng expected to retire within weeks, President Cyril Ramaphosa’s decision to replace him will be one of the weightiest and most difficult decisions he will have to make during his presidency.

Ramsden says the judiciary needs to be independent of political of any other influence.

“The head of the judiciary needs to be a strong leader of integrity. If you think about the judiciary, you think they’re incorruptible and I think that’s why this decision is so important.”

Breytenbach says while the judiciary stood firm during the years of state capture, it has recently been marred by many allegations which are damaging.

“Over politicization in the judiciary, any politicization in the judiciary is to be avoided at all costs. There’s no space for politics in law in my view and it’s always been my view. Similarly, with the appointment of judges and the interviewing of judges, there’s no space there for politics. So it’s damaging, it’s shaken South Africans confidence in the judiciary.”

Naidoo says Mogoeng has had a checkered career as the Chief Justice.

“He seemed initially to not be the political lackey that many thought he might turn out to be and clearly, the Nkandla judgement stands out strongly amongst those, judgement of the Constitutional Court with the rule of law held firm. But, the last couple of years of his tenure has been very fractious, he hasn’t provided the kind of leadership to the judiciary that one would accept of a chief Justice.”

With Mogoeng’s term ending on 12 October 2021, the DA is calling on Ramaphosa to take inspiration from former President Nelson Mandela in his 1996 appointment of Chief Justice Ismail Mahomed when he appoints the new Chief Justice.

(Twitter: @FaizelPatel143)

Listen to the discussion with Chelsea Ramsden, Glynnis Breytenbach and Lawson Naidoo