PRESIDENT ZUMA'S COMMENTS ON JUDICIAL REVIEW

The comments of President Zuma in the media, relating to the Constitutional Court refers (see Cape Argus report).

The President's comments must be viewed in the context of the decision of Cabinet of November 2011, in terms of which the Minister of Justice and Constitutional Development has been directed to conduct an assessment of the impact of the judgments of the Constitutional Court on the transformation of society in the 17 years of democracy.

The exercise is with a view to assess the transformative nature of jurisprudence from the highest court in the land in promoting an equal, non-racial, non-sexist and prosperous society envisioned by the Constitution within the context of a developmental state. This exercise is not unusual, but occurs all the time.

Often scholars and writers give their own perspectives on decisions of the courts and court decisions are not immune from public scrutiny provided of course that this is done within permissible limits.

This must therefore not be viewed as an attempt by government to undermine the independence of the judiciary and the rule of law which are entrenched in our Constitution. This is an exercise that falls within the mandate of the Executive of formulating and reviewing policies of government which seek to advance the transformative character of our Constitution.

It is anticipated that the outcome of this exercise will not only assist in developing value-based solutions to address the legacy of the past but will contribute in shaping our evolving constitutional jurisprudence.

This is a positive move that ought to be welcomed by all who look up to the Constitutional Court, as the champion of our jurisprudence reform.

The Minister of Justice and Constitutional Development will give further details once the planning processes for this exercise have been completed.

Statement issued by Mac Maharaj, The Presidency, February 13 2012

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