RULE OF LAW OP-ED: No, Minister Sisulu, the fault does not lie with our courts or the Constitution

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Minister Lindiwe Sisulu’s opinion mischaracterises the concept of the rule of law as no different from authoritarian rule by law. Examples she gives are of apartheid and Nazism. The picture she seeks to paint cannot be further from the truth.

Last week, Tourism Minister Lindiwe Sisulu published an opinion piece in which she, entirely reasonably, lamented the “sea of African poverty” that persists in South Africa. However, she unreasonably blamed this pernicious evil on the Constitution and the “Western” concept of the rule of law.

There followed widespread critical reaction from civil society, her own government and from acting Chief Justice Raymond Zondo, who on Wednesday expressed the judiciary’s profound concern at her unsubstantiated and baseless “insults” against the integrity of the judicial branch of the state.that she had written her initial op-ed in her individual capacity as an ANC member and as a member of its National Executive Committee, National Working Committee and the Social Transformation Sub-committee.

These judges have developed the Constitution, adapting it to the African context by recognising the quintessentially African value system of ubuntu as a constitutional value, and applying it in several landmark judgments.Instead, as found by the Human Sciences Research Council and the University of Fort Hare in the undertaken for the Department of Justice and Constitutional Development, the reality is that the courts wield far less power than the government.

Most respondents were sensitive to the democratic imperatives of the separation of powers doctrine and understood that the courts are not well placed to make policy, or even prescribe to the government as to how it should make its policy choices. Respect for the courts is necessary to entrench respect for the rule of law. Non-compliance imperils the rule of law as a cornerstone of constitutional democracy.

The baseless nature of Sisulu’s attack on the integrity of the judiciary is further confirmed by the common occurrence of dissent between judges of the same court, including across racial lines. An example can be found in disagreement between judges of the highest court.

 

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take note Princess - THIS is how you state your views and make your case on matters of public interest

Yep. That just about sums it up.

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Growing outrage at Sisulu bashing constitution, justice system and rule of lawCivil society organisations have criticised tourism minister Lindiwe Sisulu for her 'attack' on the judiciary in an opinion piece published last week. My 6 year old started school on an empty stomach yesterday. She came back and there was till no food💔😭. I'm struggling to find employment and in my struggle my family is suffering. Please assist us with mealie meal🙏🏻. We'll eat it with sugar water🙇‍♂️ Here is a TRUE meaning of “judicial attack”,leave Lindiwe Sisulu alone!!! Don't fxcking lie. The criticism is directed at Zondo for being a politician and using emotions not Lindiwe Sisulu. Stop this lie
Source: SowetanLIVE - 🏆 13. / 63 Read more »

More criticism of minister Lindiwe Sisulu for her 'attack' on the judiciaryCivil society organisations have criticised tourism minister Lindiwe Sisulu for her 'attack' on the judiciary in an opinion piece published last week. “What we have witnessed under the constitution and the rule of law since 1994 has been co-option and invitations to political power brokers to the dinner table, whose job is to keep the masses quiet in their sufferance,” she wrote. Is she wrong? What kind of a criticism of the judges isn’t an “attack” on the judiciary (someone please show me an example) because it seems the moment one criticise a judge or judges then he/she is said to be attacking the judiciary or the constitution. Racists are normally disguised as civil society
Source: TimesLIVE - 🏆 28. / 59 Read more »

'Ms Sisulu has insulted us': Zondo takes a swipe at minister for insulting the judiciaryActing chief justice Raymond Zondo has seemingly called on President Cyril Ramaphosa to take action against tourism minister Lindiwe Sisulu for 'insulting the judiciary'. He is not God he can be insulted, we are going silenced by thus zondo If the shoe fits the should wear it And people still dont believe the judiciary is captured This is clear for all of us to see
Source: TimesLIVE - 🏆 28. / 59 Read more »

Justice Zondo slams Minister Sisulu for controversial article on the Judiciary - SABC News - Breaking news, special reports, world, business, sport coverage of all South African current events. Africa's news leader.Acting Chief Justice Raymond Zondo has slammed Tourism Minister, Lindiwe Sisulu for her controversial article in which she attacked the country’s Constitution and Judiciary. The only crime that Madam LindiweSisuluSA committed was to Kick The Dog (👀) … Now The Owner has to Come Out Running (Stratcom) Justice Raymond Zondo MUST recuse himself. He has been accused of being CAPTURED by quite a number of judiciary people and other dignitaries. He should step down. Did she attack the judiciary?. Where did you guys learn your journalism?.
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Government distances itself from Lindiwe Sisulu's 'reckless utterances'Minister in the presidency Mondli Gugubele says tourism minister Lindiwe Sisulu's remarks 'grossly misrepresent the constitution'. Which government, you mean that is led by the factional ramalier? There's no government in South Africa, this country is leaderless...... How exactly is the constitution keeping people in poverty when the black middle class has only grown and countless number of people have uplifted themselves? It’s government’s own failures for increased unemployment and a collapsing economy. Not the constitution Truth truth Minister Sisulu
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Zondo: Sisulu attack unwarrantedThis comes after Tourism Minister, Lindiwe Sisulu wrote an opinion piece in which she says the rule of law does not serve African values and interests. Sisulu must not be intimidated 'freedom of expression She running for President. Now she will attack anything that moves and suck anything that looks big and popular She’s been a Member of parliament for over 2 decades, she had ample chances to advance her views in the parliamentary debates, the question is, why now during the elective conference year? Wants to be relevant in my view
Source: eNCA - 🏆 49. / 51 Read more »