The call by some senior members of the African National Congress for the transformation of the Judiciary doesn’t compromise judicial independence
In the trias politica, every arm of government has equal power compared to other arms of the government. However, to make sure that all the arms of government in the trias politica have equal powers they must be accountable to each other. That means they must implement the oversight to one another so that no arm of government ends up with greater powers than others in the trias politica. A call by ANC or any member of any political party for the transformation of the Judiciary doesn’t compromise judicial independence but implementing the oversight to the Judiciary as it is one of the arms of government in the trias politica.
For it is the fact that not even one arm of government should be powerful than the other, it raises questions when it comes to the case of the Judiciary. African National Congress (ANC) transformation of the Judiciary doesn’t necessarily mean that it compromises the independence of the Judiciary but it implements the oversight and tries to call for change where necessary. ANC’s Document of the transformation of the Judiciary is done following all the prescriptions of the constitution and they have sound reasons. When ANC agrees on a bill they all agree to it not some certain members of the party because if that was the case there was going to be a severe conflict among themselves.
Complying with the constitution respectively gives the ANC as part of arms of government the right to propose anything in the Legislature and the Judiciary constitutionally. The Protection of State Information Bill and Transformation of Judiciary are done to serve the interests of the citizens of the country and the entire party has agreed in favor of these bills no matter who brought them into attention or came out with them. It is not who came with the idea that counts but what counts is that who voted for the idea or the bill and that challenges the statement that “some” members of the ANC compromises the judicial independence.
If the Judiciary is independent that means the division of power in the trias politica is not equal and there should be some implementations to deal with that matter and that is what ANC collectively as a party not some individual members is trying to bring into attention of the parliament to be dealt with. ANC doesn’t say that they want to change any law or constitution as everybody thinks but it otherwise deal with how the matters concerning the state are dealt with by the Judiciary. Even if it wanted to amend the constitution somehow it would do that under constitution prescriptions complying with section 74-75 of the constitution.
As we know that Constitution is the Supreme Law of the land but it too can be amended not only by ANC but other parties have the power to do that amendment only if it has 75% of the parliament and NCOP’s six provinces. Now this states it clear that DA, IFP and or UDM can transform the Judiciary having 75% of the parliament and NCOP’s six provinces.
The issue of the transformation of the Judiciary in South Africa doesn’t necessarily mean its only focusses on the judicial or justice matters Only but it also includes other issues of the overall attitude of government and the ruling party ANC towards judicial independence. Judicial independence doesn’t relate to the transformed society that we live in today as it continues using it laws that were drafted after the Apartheid era. This becomes a problem because we still feel the legacy of apartheid and Judiciary otherwise uses its laws that were passed seventeen years back and the Judiciary seem not to change with the environment as it is now. Now it becomes a problem for the opposition party, other parties, citizens and the Judiciary when ANC tries to address these issues because whatever bill the ANC proposes half of the state thinks that they...
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