Judicial Review: Ulterior purposes illustrated by evasive response from Justice Minister

The Ministry of Justice, in a bald statement made in its Discussion Document on the Transformation of the Judicial System, claims that some court decisions are perceived not to fully advance the transformative purpose of the Constitution of the Republic of South Africa.

This statement emanating from the executive branch is shocking in itself, and moreover clearly forms part of the justification for the controversial assessment of the work of the Constitutional Court and the Supreme Court of Appeal, which is now out to tender. 

In a parliamentary question I asked that Justice Minister Jeff Radebe indicate which judgments are deemed not to advance the transformative purpose of the Constitution. The Minister chose to evade the question.

Minister Radebe's evasive reply to my question therefore reinforces the view that the assessment is being done for ulterior purposes.

Statement issued by Dene Smuts MP, DA Shadow Minister of Justice and Constitutional Development, May 2 2012

Text of the reply by Minister of Justice and Constitutional Development:

NATIONAL ASSEMBLY

QUESTION FOR WRITTEN REPLY

PARLIAMENTARY QUESTION NO.: 756

DATE OF QUESTION: 16 MARCH 2012

756. Ms M Smuts (DA) to ask the Minister of Justice and Constitutional Development:

With reference to the discussion document (details furnished), which court decisions are perceived not to fully advance the transformative purpose of the Constitution of the Republic of South Africa, 1996?

NW924E

Details referred to: The statement made in paragraph 3.3.4 of the Discussion Document on the Transformation of the Judicial System

REPLY:-

As the Honourable Member is aware, a consultative process is underway that includes, inter alia, the assessment of the impact of the decisions of the Supreme Court of Appeal and the Constitutional Court on the South African law and jurisprudence.  An open tender invitation has been published for interested research institution(s).  It is therefore important that we await the outcome of the said assessment.

Issued by Parliament, May 2 2012

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