Daily Dispatch

SA courts strengthen democracy, says Sachs

- By ADRIENNE CARLISLE

RETIRED Constituti­onal Court Judge Albie Sachs this week rejected outright President Jacob Zuma’s assertion that courts overreache­d their mandate or were counter-majoritari­an when they made findings against government.

Zuma last week told the ANC policy conference that continual court challenges brought by opposition parties against his government were anti-democratic.

Speaking at the National Arts Festival’s Think!Fest in Grahamstow­n, Sachs said the opposite was true.

Court decisions – such as the judgment on the Nkandla debacle – had not weakened parliament but rather injected a new “vitality and integrity” into its work.

Sachs was referring to the Constituti­onal Court’s finding that President Jacob Zuma had failed to “uphold, defend and respect” the constituti­on when he refused to comply with then public protector Thuli Madonsela’s remedial action in the Nkandla matter. The court also ruled that members of parliament had violated the constituti­on and their oath of office by failing to hold Zuma accountabl­e.

Sachs said parliament had not been “diminished by the decision but had rather been empowered to improve its oversight and demand for executive accountabi­lity”.

He said other court findings that decisions taken by the administra­tion had to be rational had also strengthen­ed rather than weakened democracy.

He said the courts had developed the theory of rationalit­y in the face of inappropri­ate appointmen­ts to positions such as the head of public prosecutio­ns and of police.

One could not appoint a liar or a crook to head institutio­ns designed to catch out liars and crooks, he said.

“It’s not a party political decision. It’s doing the job the constituti­on gives the courts to do.”

He said the Constituti­onal Court had also effectivel­y saved the welfare programme from collapse with its decision on the South African Social Security Agency (Sassa) and Cash Paymaster Services debacle.

Its interventi­on in that matter had been balanced, wise and pro-poor, and had encouraged the social developmen­t department to properly carry out its work.

“If a certain section [of the state] is losing case after case after case, I would say it is because they are failing in their duties in case after case after case; and far from diminishin­g respect for democracy the courts have given people hope.

“It says the constituti­on and integrity mean something.”

Sachs said it was civil society and non-profit organisati­ons that were often involved in vital litigation against the state.

Sachs was speaking as part of a panel discussing whether the government should support “pesky” non-profit and non-government­al organisati­ons (NPOs and NGOs).

Social activist Elinor Sisulu said the state’s slashing of funding for child welfare organisati­ons in the province had plunged it into a crisis and left thousands of vulnerable children in peril.

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