GOVERNMENT MUST PROMOTE THE SUPREMACY OF THE CONSTITUTION AND THE INDEPENDENCE OF THE JUDICIARY
The statement issued by Cabinet on 24 November 2011 (Cabinet Statement) setting out its views on the transformation of the judiciary correctly identifies three fundamental areas that require public deliberation and action.
The areas of public interest identified are access to justice for the majority of people, continued transformation of the judiciary and "the regular monitoring of the implementation of ... court decisions by all State Departments."
These sound objectives are duties imposed by the Constitution as the supreme law governing all law and conduct in our country. However, at this point we wish to engage the worrying aspects of the Cabinet Statement.
INDEPENDENCE OF THE JUDICIARY, SUPREMACY OF THE CONSTITUTION AND CO-OPERATIVE GOVERNANCE
1. In its statement Cabinet wrote that it "affirm[s] the independence of the judiciary as well as that of the executive and parliament with a view to promoting interdependence and interface that is necessary to realise transformation goals envisaged by the Constitution." In our view this reasoning confuses the separation of powers, co-operative governance and judicial independence.