SA’s judges prove their worth
THE country’s judiciary this week again showed why this arm of government is the most trusted. The perception is that when our courts make rulings, they do so on behalf of the citizens of this country and are furthering the common good.
Our Constitutional Court ruled that the Speaker of the National Assembly has the power to order a secret ballot in a vote of no confidence against President Jacob Zuma.
Chief Justice Mogoeng Mogoeng, in a unanimous judgment, did not order the Speaker to hold a secret ballot. Instead the judges advised Parliament that it has a constitutional responsibility to serve the people by holding the executive branch of government, headed by Zuma, to account. The judgment can be interpreted as guiding MPs to put their legal obligations to the nation ahead of their loyalty to their parties. Even more so in the case of the Speaker, Baleka Mbete, who now has to decide whether to hold a secret ballot and risk her career and Zuma’s, should ANC MPs break ranks.
The dismissal of finance minister Pravin Gordhan and downgrading of the country to junk status, the Gupta email revelations of the success of their state-of-capture strategy, the threat to bankrupt the country through pursuing the nuclear energy spend, the recession and rise in unemployment, have all led to public impatience for an end to Zuma’s era.
Contrast the wisdom of our judges with the overstepping of Public Protector Busisiwe Mkhwbane, who directed Parliament to change the constitution to curtail the independence of the Reserve Bank. Parliament was having none of it and is taking her findings on review.
The other important judgment came from the Supreme Court of Appeal, regarding the filming of Henri van Breda’s criminal trial.
In it, the court said the media’s role in reporting accurately and fairly on court proceedings helps foster public confidence in the judiciary and promotes the rule of law.
Cameras cannot, in future, be excluded from the courts, but there must be a balancing act that takes into account witnesses’ concerns.
In effect the court is acknowledging there is new technology out there that can help show justice being done. The public is the winner when court judgments promote accountability and a more open society.