DA welcomes high court finding that Erasmus Commission is unconstitutional

The Democratic Alliance (DA) welcomes the finding by Judges Kevin Swain and Chris Nicholson in the Cape High Court today that the Erasmus Commission of Inquiry - set up by former Western Cape Premier Ebrahim Rasool - is unconstitutional.

The court's decision is a full vindication of the DA's long held view that the commission was established by Rasool out of political malice, and with the overriding objective of smearing the DA.

It is particularly gratifying that the judges held that the appointment of Judge Nathan Erasmus to chair the commission was incompatible with the separation of powers, and was therefore unlawful, invalid and unconstitutional.

It is now clear for all to see that both Rasool and the ANC's zeal in establishing the commission and misusing the judiciary was a desperate attempt by the governing party to strengthen its dwindling prospects ahead of next year's election.

Ultimately, Rasool's establishment of the commission was not only an abuse of the law, but also of millions of rands in taxpayer's money - money which would have been far better spent on delivering much-needed services to the people of the Western Cape.

Statement issued by James Selfe MP, Chairperson of the Democratic Alliance Federal Executive, September 1 2008