Office snubs courts research

The research, received with some alarm when first proposed two years ago because of concerns about the government interfering in the judiciary, is being funded by the Department of Justice and Constitutional Development.

It is aimed at assessing the impact on society of decisions of the Constitutional Court (Concourt) and Supreme Court of Appeal (SCA), especially how these decisions affirmed socio-economic rights in the constitution and addressed inequality and poverty in society.

The research will examine government efforts to implement the decisions of the courts.

Researchers will also evaluate access to justice through the court system, focusing on direct access to the Concourt and the costs of litigating in the top courts.

In a context of criticism of the courts from President Jacob Zuma and ANC officials, critics pointed to the potential for government to use the findings to control the judiciary under the guise of “transformation”. Researchers have moved quickly to allay such fears, hosting a colloquium in February attended by other legal academics, former Concourt judges Zac Jacoob and Johann Kriegler, and Sipho Pityana of the Council for the Advancement of the South African Constitution (Casac).

Kriegler and Pityana were among those who criticised the research project when it was mooted.

However, notably absent from the colloquium were representatives from the Concourt or SCA benches.

OCJ spokeswoman Lulama Luti did not respond to a query about the participation of Concourt judges. President of the SCA Lex Mpati said he knew nothing of the colloquium.

Team leader and HSRC researcher Narnia Bohler-Muller said that while individual judges on the Concourt and SCA were not invited, the failure of the OCJ to engage with the research process was “sad”.

Casac executive secretary Lawson Naidoo said his organisation was still concerned about government’s motives, but would participate in the process to see what came of the research. —