SACP Statement on declaration of interests by Judicial Officers

The SACP notes with concern on what appears to be resistance from members of the judiciary to declare their business and related interests. The SACP is strongly of the view that judges, and other judicial officers, are not only public figures, but perform an important public function, and therefore they should subject themselves to the same processes as expected of other public officials.

Surely it cannot be that the judiciary cannot practice what it preaches, and not follow it's many judgements calling for transparency and intensifying the fight against corruption.

The judiciary, by virtue of its role, often has to preside over cases that may, and actually have led to a conflict of interests. Declaration of interests, whilst not silver bullets in dealing with conflict of interests and corruption, will nevertheless go a long way towards combating this scourge. For judges to declare their interests will go a long way towards enhancing the standing and credibility of the judiciary in our country.

Such a process is in itself an important dimension in the transformation of our judiciary - a task that is far from over - given the fact that we come from an apartheid era where our judicial system was thoroughly corrupted to advance a system condemned as a crime against humanity.

The SACP is extremely concerned about what appears to be some kind of culture of superiority emerging within the ranks of some of our institutions performing a public function. This is the assumption that it is only people occupying executive and other governmental positions that are susceptible to corruption, but all others (whether it be the media, the judiciary or so-called 'civil society') are not, and should be left to account to nobody else other than themselves.

This absurd liberal notion of the existence of some 'angelic' missionaries in society can only serve to hide corruption, create impregnable islands of privilege and corruption, and defeat the very purpose of building a democratic and transparent society.

The SACP wishes to reiterate that no-one, and absolutely no-one (including the judiciary) is above society and all its influences and temptations. Whilst the judiciary plays a very important role, it is not above society. We therefore urge the Department of Justice to press ahead with the creation of a register of interests for all judicial officers.

Within the context of the above, the SACP further calls upon government to extend the requirement of declaration of interests to all public servants, and not only restrict this to senior management. The SACP is acutely aware that there is a lot of corruption happening at the levels below senior management levels, with junior civil servants often acting as mercenaries in siphoning off tenders for senior managers in the civil service.

Abehluleli makube yibo abahamba phambili empini yethu yokulwa nenkohlakalo kuzozonke izakhiwo zikahulumeni. Makungabia yibo abacasha ngehlamvu uma kufanele silwisane nalengwadla!

Statement issued by the SACP, January 31 2012

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