Steer clear of political judgements, says Cele
Police minister unhappy over ruling on constitutionality of communications act
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