President Zuma acted lawfully

President Jacob Zuma acted in terms of the law in extending the term of office of Chief Justice Sandile Ngcobo.

Comments that he acted unlawfully and outside the Constitution of the Republic of South Africa are false.

The President acted in terms of Section 176 (1) of the Constitution which provides for the extension of the terms of office of judges as well as Section 8 (a) and (b) of the Judges' Remuneration and Conditions of Employment Act of 2001, which authorises the President to request the Chief Justice and the President of the Supreme Court of Appeal to continue to perform active service, from the date on which they are eligible to be discharged from active service, for a period determined by the President.

The Judges Remuneration and Conditions of Employment Act law was passed unanimously by both Houses of Parliament 10 years ago, after careful consideration. Nobody complained about the law until the President used it to extend the term of Chief Justice Ngcobo.

Yesterday, 27 July 2011, President Zuma accepted Chief Justice Ngcobo's withdrawal of his acceptance of the extension of his term of office, which expires on the 14th of August, 2011.

The President respects and understands the Chief Justice's decision. He will soon appoint a new Chief Justice in terms of his powers as set out in the Constitution.

Statement issued by Mac Maharaj, Spokesperson of the President, July 28 2011

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