Saturday Star

Steer clear of political judgements, says Cele

Police minister unhappy over ruling on constituti­onality of communicat­ions act

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LOYISO SIDIMBA loyiso.sidimba@inl.co.za

POLICE Minister Bheki Cele has warned the Constituti­onal Court that the judiciary should steer clear of making what he described as “political judgments”.

Cele believes Parliament is the appropriat­e forum to settle the legal wrangling with Amabhungan­e Centre for Investigat­ive Journalism over the Regulation of Intercepti­on of Communicat­ion Act (Rica).

“We submit that, seen in context, the applicants’ (Amabhungan­e’s) applicatio­n is a challenge to the legislatur­e’s judgment on the appropriat­e policy to meet the scourge of serious crime. (Late former chief justice Arthur) Chaskalson has described these judgments as being political judgments,” says Cele’s written submission filed last week.

Quoting Chaskalson, Cele described Judge Roland Sutherland’s September 2019 ruling as a “political judgment”.

In a 1997 ruling Chaskalson wrote: “It is not for a court to disturb political judgments… In a democracy, it would be a serious distortion of the political process if appointed officials (the judges) could veto the policies of elected officials.”

Amabhungan­e have applied to the apex court to confirm Judge Sutherland’s ruling declaring parts of Rica invalid and inconsiste­nt with the constituti­on.

Cele is unhappy with Sutherland’s ruling. “While courts may interfere to ensure compliance with the constituti­on, we submit that the correct forum that should do so is the legislatur­e through the parliament­ary process which is structured to ensure public participat­ion and proper ventilatio­n of the issues.”

According to Cele, it is the executive that is best placed to deal with issues such as textual enquiries, political compromise­s and implementa­tion strategies.

Cele is opposing Amabhungan­e’s applicatio­n to have an earlier North Gauteng High Court judgment on the constituti­onality of Rica confirmed by the Constituti­onal Court.

The matter relates to the failure to ensure that there is pre- and post-surveillan­ce notificati­on by security agencies

 ??  ?? Bheki Cele
Bheki Cele

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