Protest over judicial overeach
THE ANC in KwaZuluNatal has challenged Parliament to pass a law that will restrict the courts from interfering with the affairs of the legislature and President Jacob Zuma’s decisions.
The ruling party also called for Parliament to make it a punishable offence for political parties to abuse courts.
This was the message of thousands of ANC supporters who marched to the Durban High Court yesterday, to demand that the judiciary stay out of the affairs of the state.
Presenting the memorandum, ANC chairman Sihle Zikalala said Parliament should pass a law that would punish political parties who unsuccessfully took parliamentary matters to court.
“If a party had taken a parliamentary matter to court unsuccessfully it should be fined by paying court costs through deducting from salaries of members of the party,” said Zikalala.
The ANC-led march, which started at King Dinuzulu Park, was attended by members of various pro-Zuma religious groups and business organisations, provincial cabinet members and MPLs.
The ANC was responding to the UDM Constitutional Court application to force Speaker Baleka Mbete to allow MPs to vote through a secret ballot on President Jacob Zuma’s no confidence vote. Zikalala called on the court to reject the UDM’s case with costs.
“The court should apply a law to protect itself from being abused by those who had been defeated during elections, and during debates in parliament,” he said.
The march was also in protest against South Gauteng High Court Judge Bashier Valley, who ruled in favour of the DA, demanding that Zuma should explain his reasons for reshuffling his cabinet. The reshuffle saw former finance minister Pravin Gordhan and his deputy, Mcebisi Jonas, removed from their positions. Zuma is appealing Valley’s judgement.
Zikalala said some judges had become “a big brother to the state” and this undermined the majority rule.
He accused Valley of being pro-DA.
“The high court should review the employment of Judge Valley because it is clear that other judges have taken a political stand, and they are biased,” he said.
KwaZulu-Natal ANCYL secretary Thanduxolo Sabelo told Independent Media that the ANCYL viewed it as unconstitutional for courts to interfere with a cabinet reshuffle.
He said the ANC should double its efforts in order to get a two-third majority vote in the 2019 general elections to alter the constitution, and restrict judicial powers.
Political analyst Bheki Mngomezulu said it was odd that in a democratic country the judiciary could change a president’s right to hire and fire MPs.
“I find it unprecedented because there have never been any decisions before, either here or elsewhere in the world.
“The constitution gives the president powers to decide who forms part of the cabinet, and those people can be changed at any time without providing any explanation” he said.
Retired Judge Thumba Pillay said there was no justification for coming to the conclusion that the judiciary was interfering with the work of Parliament. He said courts did not ask to hear these cases, it was politicians who took their disputes to court.
“Politicians must get their act together, even when these matters are heard in court, judges decide on the issue at hand in terms of the constitution, the bill of rights and other applicable laws,” said Pillay.