NILC STATEMENT ON THE JUDGE KRIEGLER-JSC MATTER

Sunday, 6 September 2009

The unfolding events within the country's judicial system, particularly the brewing legal battle by the Freedom Under Law, headed by the retired Constitution Court Judge, against the decision of the Judicial Service Commission pertaining to the Judge John Hlope matter, should be a cause for grave concern for all South Africans.

For some time now, South Africans have had to endure a series of tensions and legal rows of one form or another within the judicial fraternity - which have without doubt left this honourable sector bruised. In most instances, these clashes have been more about personalities and ideological difference than about defending the sacrosanct rule of law.

For this reason, the National Interfaith Leadership Council (NILC) had a sigh of relief at the recent ruling by the JSC on the Judge Hlope matter. For us, the ruling signified closure on this sad chapter and paved way for the judiciary to heal and move forward.

While we respect the constitutional rights of individuals to challenge legal judgements, we are however of a view that the ensuing challenge and the open attack on the integrity of the JSC by luminaries such as Judge Kriegler and Emeritus Archbishop Tutu can only serve to further erode the integrity of the judiciary and undermine the confidence of the people in it.

The exclusion of several members of the Freedom Under Law in deciding to challenge the JSC, which led to some of them resigning, raises serious questions regarding the real intention of those behind the action. It is difficult not to suspect that the action might be more about personalities and politics than the protection of "the constitution and the rule of law".

We do not believe that the interest of the South African nation and the integrity of the judicial system will be better served by this legal action.

Issued by Rev. Ray McCauley, National Convener, The National Interfaith Leadership Council

Statement released by the African National Congress, September 6 2009

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