Judge attack not on

THE Law Society of South Africa (LSSA) once again reiterates its previous condemnation against any attack on the judiciary. In particular, we now again strongly condemn the disturbing personal attack by a branch of the ANC Youth League and by Mzwanele Manyi on Judge Bashir Vally as a result of Judge Vally’s judgment against President Jacob Zuma in the North Gauteng High Court last week. Such unwarranted attacks appear to have the sole aim of undermining the judiciary and thereby fail to be in the interest of society.

The court ordered the president to submit the record of and reasons for the decision to reshuffle his cabinet on March 31. The LSSA has noted the announcement by President Zuma that he has filed an application for leave to appeal the decision of the court. It is the president’s right to do this.

“It is, however, established law that executive decisions are subject to a challenge based on legality and rationality, as was conceded by the president in this matter. But even if this were not the case, we are shocked by the disturbing accusations against Judge Vally – and the judiciary in general – and regard them as an attack on the rule of law and the independence of the judiciary,” say LSSA co-chairpersons Walid Brown and David Bekker.

Should they feel strongly about their convictions, the LSSA urges the complainants to submit these complaints with full grounds to the Judicial Service Commission for urgent investigation, as this is the correct body to investigate such serious allegations against a judge.

The LSSA further urges the ANC and the government to distance themselves from these irresponsible public statements, which, in the absence of substantiated allegations, must be seen as an attack on the judiciary. Barbara Whittle LSSA communication manager