ODAC statement on the assessment of the judicial system

The Open Democracy Advice Centre today raised further concerns in relation to the statement put out by Cabinet on Thursday of last week (24 November 2011) dealing with the assessment of the judicial system.

"We note with concern that the cabinet wish to assess that the judiciary conforms to the transformation mandate as envisaged in the Constitution. Cabinet misconceives its role in this matter - in terms of the separation of powers, Cabinet and the Executive can only assess whether they, the executive, have complied with the rulings of the Court. The court interprets the transformational role of the constitution, and the executive implements that interpretation in the way it sees fit." said Alison Tilley, Executive Director of ODAC.

"We call on cabinet to reconsider this assessment, and ensure that its terms are constitutional. If they are not, then the executive is acting ultra vires, or beyond its lawful powers."

Cabinet announced its intention to assess the transformation in the judicial system last week. A range of civil society organizations have cautioned that such an assessment would breach the principle of separation of powers, and should approached with great caution.

ODAC's mission is to promote open and transparent democracy; foster a culture of corporate and government accountability; and assist people in South Africa to be able to realize their human rights

Statement issued by Zanele Ntuli, ODAC Communication, December 1 2011

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