Business Day

Raymond Zondo shoots down accusation­s of ‘captured judiciary’

- Sinesipho Schrieber

Chief justice Raymond Zondo has defended the judiciary against allegation­s of “capture”, saying he has for the past four years called for evidence, but none has come to light.

Zondo was addressing the three-day judges’ conference at Sun City, North West, on Tuesday.

His reiteratio­n of the lack of evidence that the judiciary is captured comes a week after UDM leader Bantu Holomisa wrote to the joint standing committee about a “damning report on judicial corruption” allegedly written by recently resigned state security director-general Thembisile Majola.

The State Security Agency distanced itself from the “socalled intelligen­ce report”.

Zondo, who headed the inquiry into state capture for four years, says the accusation­s of capture in the judiciary are false.

“We have been accused of being captured, but it is an accusation that we reject with the contempt it deserves. For four years, I called for everyone who has evidence that the judiciary in SA is captured to come forward, and no-one came with any evidence,” he said.

Zondo said there is no proof that South Africans have no trust in the judiciary. “No evidence has been put forward to support any such allegation­s or accusation­s. Under our democracy the independen­ce of the judiciary is provided for in our constituti­on.”

Zondo said one of the ways the justice department has worked to avoid possible influence of judges has been by handling and funding educationa­l training of judges in-house.

“We have the SA Judicial Education Institute, which provides training to judges. This is very important because it enables us to ensure that we do not send judges to receive training in institutio­ns that are not controlled by us and where we might not know where funding comes from and what agendas those providing funding might have.”

Speaking about accountabi­lity in the judicial sector, Zondo said the Judicial Service Commission played a key role in addressing misconduct of judges. “For many years, there were no clear systems to hold judges accountabl­e for unacceptab­le conduct and for conduct such as undue delays in handing down judgments. It took more than 15 years after the advent of our constituti­onal democracy and amendments were made to the Judicial Service Commission Act to establish the judicial service committee, which processes complaints against judges,” he said.

“This is one of the institutio­ns we have created over the past 30 years to make sure members of the public with complaints against judges have a place to file those complaints. Under apartheid there was no such body.”

In October, EFF leader Julius Malema was in the spotlight after accusing magistrate Twanet Olivier’s judgment in his case with bodyguard Adriaan Snyman of being influenced by politician­s.

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