The comments by Chief Justice Raymond Zondo on the first anniversary of his handing over the final reports of the State Capture Commission of Inquiry have ruffled feathers within the legislature and the executive. The presiding officers of Parliament have requested an urgent meeting with him. The principle of the separation of powers between the three arms of the state has been invoked to suggest that Zondo has overstepped the mark.
It has been argued by Parliament that since Zondo is Chief Justice and head of the judiciary, he should not reflect on their performance. But it is not as simple as that. There is no rigid delineation of powers between the three branches. The overriding thrust of the principle is to prevent the concentration power in any one branch – the mechanisms of checks and balances are intended to mediate that.
Legislation to enhance the protections afforded to whistle-blowers and to make the Investigating Directorate in the National Prosecuting Authority a permanent structure has yet to be brought before Parliament. The result is that whistle-blowers continue to be victimised, and the ID is unable to offer long-term contracts to attract the skilled expertise it needs.
Despite talking a good game about dealing with State Capture, words are not being turned into deeds. To many it represents a pattern of inaction following various commissions of inquiry or other pronouncements by expert bodies. This is particularly so when the commission named several senior figures from the ruling party, and those with close links with the ruling party, as persons implicated in State Capture.
South Africa’s constitutional democracy was put to the sternest test by State Capture. Of the three branches of the state, only the judiciary emerged with its reputation intact. The presiding officers of Parliament should pause to reflect on that before they meet the Chief Justice this week.South Africa’s constitutional democracy was put to the sternest test by State Capture. Of the three branches of the state, only the judiciary emerged with its reputation intact.
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Source: Law Daily Report (lawdailyreport.net)
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