The Democratic Alliance's criticism of the newly reconstituted National Council of Provinces' delegation to the Judicial Service Commission is injudicious and misguided. In its recent media release (see here), the DA accuses the ANC of attempting to silence dissenting voices within the JSC after its member was not included in the new delegation.

The new delegation was reconstituted following the resignation of one of the NCOP delegates to the JSC, Harry Mofokeng. Section 178 (3), of the Constitution, states that the NCOP delegation to the Commission serves until they are collectively removed or a vacancy occurs in their number.

In guiding the process for the establishment of the JSC delegation, the Constitution further states in Section 178 (1), that the JSC must consist of four permanent delegates from the NCOP, who must enjoy the support of at least seven provinces.

The above section distinguishes the NCOP process from that of the National Assembly (NA). The NA process requires that at least a certain number of delegates must come from the opposition benches. This is because Members of Parliament in the NA represents their political parties, unlike in the NCOP where they represent provinces.

The reconstitution of the delegation was done in accordance with the Constitution, taking into consideration the interest of the provinces.  The DA's assertion that "the ANC abused the Constitution" is therefore blatantly imprudent and, as usual, an attempt to score easy publicity.

The Office of the Chief Whip of the Majority Party has a duty to ensure that those deployed to represent the NCOP in any structure or committee are capable and competent to safeguard the interests of the provinces and our Constitution.

The ANC's commitment to judicial independence cannot be over emphasised. We will continue to ensure that the independence, impartiality and dignity of the judiciary and any of its structures are upheld and protected.

Statement issued by the Office of the ANC Chief Whip, ANC Parliamentary Caucus, Cape Town, July 12 2009

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