Sunday Times

SA losing its way, top jurist warns

Constituti­on ‘misunderst­ood and disrespect­ed’

- SIBONGAKON­KE SHOBA shobas@sundaytime­s.co.za

RETIRED Judge Bernard Ngoepe is a worried man.

The former Gauteng judge president is worried about what he sees as a growing trend of disrespect for the constituti­on and the Chapter 9 institutio­ns — as well as a growing culture of entitlemen­t and a general decline in the standards of service across all sectors of South African society.

Ngoepe also added his voice this week to the outcry against those who attempt to undermine public protector Thuli Madonsela or disrespect her or her office.

“We need to have a culture in terms of which we respect the constituti­on and those institutio­ns which have been created by the constituti­on to help us realise the dream that we have, the dream of a truly democratic South Africa,” he told legal practition­ers at the 125th birthday celebratio­n of law firm Rooth & Wessels last week.

In his speech, he questioned why South Africa, with its acclaimed constituti­on, continued to suffer high levels of inequality, crime, corruption and a disregard for other people’s property.

“If we, indeed, do have the best constituti­on in the world, how come somebody just finds your piece of land and puts up a shack there and says: ‘ Unless you offer me alternativ­e accommodat­ion, I am not moving’?”

He said that on a recent trip to his home town of Polokwane, Limpopo, he could not find parking because the bays had been taken over by street vendors.

“The municipali­ty was unable to collect money for parking,” said Ngoepe.

In an interview this week, Ngoepe said of the constituti­on: “People think it gives them rights without limitation­s. They think the constituti­on means that you must get everything for nothing. You don’t pay for water, you must not pay for electricit­y. It cannot mean that.

“So there is a problem in the way we understand, interpret and apply this constituti­on.”

During his speech, Ngoepe decried “falling standards” in profession­s.

“Over the 18 years I have been a judge, I have had occasion . .. to clearly see that some lawyers come to court ill-prepared and really inadequate,” he said.

In his interview, he blamed the drop in standards in large part on the quality of education.

“It may also be that in our schools — right through to university — the culture of learning

They think the constituti­on means you get everything for nothing

is not as it should be,” he said. “I am not convinced that it has a lot to do with a lack of resources. We come from a history where there was a tremendous lack of resources in relation to certain racial groups, but people made the best with the little they had.”

South Africans had a culture of entitlemen­t that discourage­d them from working hard, he said.

“You find a young profession­al completing studies this year and he already wants to drive one of the most expensive cars without putting any effort to earn that.

“Sometimes people think that they are entitled to huge salaries and payments without deserving them.”

Ngoepe, who was involved in the drafting of the 1993 interim constituti­on, said even though the constituti­on spoke of a right to accommodat­ion, it did not mean that people could illegally occupy property without any consequenc­es.

Ngoepe disputed any charge that the constituti­on or the system were soft on criminals.

“There may be very few instances here and there where people feel the court may have been lenient with the sentence.

“But, on the whole, I don’t think that our system deals with criminals in a lenient manner.”

What he was not happy about, he said, was the parole system.

“[It] is too lenient and often releases to the community dangerous people.

“I would welcome a debate — an enlightenm­ent by anybody to say that I am wrong with regard to the parole system.”

In terms of Madonsela, he said he was “disturbed” by the language used by some of her detractors. “Inappropri­ate lan- guage was used. This is not only about the public protector. Sometimes unfortunat­e remarks are made about judges and the judiciary,” he said.

 ?? Picture: WALDO SWIEGERS ?? CONCERNED: Retired Gauteng judge president Bernard Ngoepe in Pretoria this week
Picture: WALDO SWIEGERS CONCERNED: Retired Gauteng judge president Bernard Ngoepe in Pretoria this week

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