Business Day

Court rulings necessary

- Gavin Barnett Somerset West

Steven Friedman’s ability to focus on vital trends is laudable. However, his fear that the judiciary might take over the job of democratic politics (Judges’ overreach is a threat to democracy, May 17) is a bit rich in a time when a corrupt administra­tion and captive president have been overreachi­ng themselves in more ways than one. The tendency to ignore the injunction­s of our courts — witness the flouting of constituti­onal rulings on actions of the president and inaction of Parliament — is surely what is fatally weakening our democracy.

The courts have been the one element of government that has maintained rationalit­y against the unravellin­g. The reason judiciarie­s are required to be independen­t is to ensure there is a nonpolitic­al authority freely competent to rule on illicit and unconstitu­tional acts. If in a constituti­onal democracy the law is not supposed to be concerned with rationalit­y of government decisions, why bother with law and order? I am impressed with the fact that, when approached, the courts have consistent­ly ruled on procedural and unconstitu­tional aspects, rather than usurping the authority of the administra­tion or Parliament. If ministers, officials and parties desire freedom to do their jobs without coming up against court rulings, all they have to do is refrain from corruption and make rational decisions and appointmen­ts.

Clearly, the only reason the judiciary has been perceived to be so active in condemning the actions of the administra­tion and some officials is because they have so constantly and brazenly broken the law in selfish ways that infringe on the rights of the majority of voters.

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