Court "assessment" - R10 million for dodgy study

In a reply to a parliamentary question, the Justice Department has finally revealed that the successful tenderer to conduct the controversial "assessment" of judgments of the Constitutional Court and Supreme Court of Appeal is the HSRC together with the University of Fort Hare's Law School.

The DA has been concerned with this so-called assessment since it was announced, and the latest revelation does not allay that concern.

The HSRC's core business as reflected on its website is:

"...to conduct large-scale, policy-relevant, social-scientific projects for public-sector users, non-governmental organisations and international development agencies." 

How can an assessment of judgments of our independent courts be relevant to policy, unless the intention is to interfere with the courts in some way? Policy formulation is the job of the executive. Interpretation of that policy is the work of the courts. And socio-economic upliftment is the work of the executive.

Given the move towards placing the Chief Justice in charge of all aspect of the courts, if there were a need for a study, it should be commissioned by him.

Our question has been all along - what if this "assessment" finds that, in the opinion of the researchers, the courts' views have not been sufficiently aligned with those of the executive and other similar objectives in the terms of reference? What remedy is there, other than to try and influence the courts to appease the executive?

The DA will submit further parliamentary questions to the Minister of Justice, Jeff Radebe to find out what he suggests be done should the assessment find that the judiciary is not sufficiently aligned with the executive.

A shocker is that this project is going to cost in the region of R10 million, as revealed rather reluctantly last week by the Director-General in response to a question at the press conference to explain why the Department could not assist the Marikana miners with funding.

The Department is already suffering under budget cuts, with most of the functions it has to perform being under-resourced. To spend this kind of money on a project that is, in our view, completely unnecessary and in fact sinister, given the government's comments over the last few years, is indicative of a government with very skewed priorities.

The fact that the HSRC and University of Fort Hare are prepared to participate in it has the very real prospect of compromising their integrity.

Statement issued by Debbie Schafer MP, DA Shadow Deputy Minister of Justice and Constitutional Development, August 26 2013

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