Relevant Links
Cape Town — South Africa’s president-in-waiting, Jacob Zuma, has given voters an election pledge that his administration will respect the independence of the judiciary and the separation of powers entrenched in the country’s Constitution.
In a text prepared for the final election rally of the ruling African National Congress (ANC) on Sunday, Zuma was at his most defensive when dealing with the party’s attitude to the Constitution.
“Our track record speaks for itself,” he said. “We use our majority responsibly and in an inclusive manner. In 15 years that it has been in power, the ANC has never used its electoral mandate to change the Constitution.”
“It has never tried to subvert or ignore the ruling of the Constitutional Court or any other court or constitutional structure. We will always uphold, defend, promote and protect the Constitution of our country and all our democratic institutions.”
Zuma set off alarm bells both in legal and opposition circles and among some in the ANC when, in an interview with a major newspaper group, he questioned the status of South Africa’s Constitutional Court as the final arbiter of people’s rights.
Johannesburg’s Mail and Guardian reported that the court’s judges were “deeply concerned and perturbed” by his remarks but had decided against responding. However, a former chief justice, Arthur Chaskalson, responded – albeit without mentioning Zuma’s name – in an op-ed article for the newspaper group which published the interview.
"The binding force of decisions of the Constitutional Courts has always been respected by the president and other organs of state, even when decisions have gone against them," Chaskalson wrote. "This is important, for if the government does not respect the courts and obey the law, it can't expect or require others to do so."
In his election address on Sunday, Zuma said the separation of powers between the legislature, executive and judiciary was one of the key principles of the Constitution.
The ANC reaffirmed its commitment “to constitutional governance, the independence of the judiciary, respect for due process and the rule of law,” he said.
Although the party expected the judiciary to undergo the same transformation as all institutions as the country moved away from apartheid, he continued, “when we comment on the pace of transformation in the judiciary, it is not because we want to infringe on its independence, but seek faster action.”
Zuma also called for change in South Africa’s media.
“We will continue to protect, defend and promote media freedom as we have always done,” he said. “However, we reiterate that the media, like all other institutions, must be transformed… It must strive to reflect South African society in terms of ownership, staffing, gender and content.”
Comments 1 to 5 of 6 Post a comment
We only care what Zuma and ANC do.
The SA Constitution needs to be changed, in order to bring South Africans in line with the rest of Africa: Sodomy is unnatural, deviant, societally destructive and UN-AFRICAN! South African constitution represents a blot on African culture.
Sodomy may have been 'good' to Mandela on Roben Island; but this perversion is destructive to African culture, when sanctioned by a misguided government.
And the S African judiciary and media MUST BE CHANGED to reflect Afrocentricity, and away from the 'divide and rule' destructiveness of racist and criminal invaders..
Umshini wami! African for Africans!
This guy personifies why South Africa is going backwards.
Im not Sth African nor African but someone who runs a country that has been arrested for rape, racketeerng and corruption isnt someone I want to represent me or my people.
His remark about HIV, teenage pregnancy, homosexuality and 'second coming' all point to one thing, he's a deranged fool. I havent even mentioned his constant singing of Umshini wami and his blatent disregard and attitude towards the legal system.
His own party, the ANC, is alarmed because of his use of the ethic card, where tribalism has long been taboo.
He may be a charismatic populist with top liberation struggle credentials but I think as the younger generation of South African's realise, the apartheid is no longer an excuse to hide behind.
Zuma may well be the blunt instrument that will drive South Africa apart again ..and that for me, is more than sad, its depressing
One country, one voice, one love ..
I think some elements of what you say, I do believe.
But others are simply the media playing their hand.
The one thing I want to say about your letter is that its all about keeping one country together.
We dont want to reflect on the past 50 years, its about our future and the future of this country.
Lets hope some good comes from J.Zuma being elected
God only knows
Poor AllAfrica.com and its supremacist Lonrho propaganda
Keep this affront of a "constitution"?
Of course the rhodies hope to hold onto their ill-gotten, bolld-soaked loot and maintain their racist privileges as protected by their rhodie-crafted constitution.
Don't bet on it. That is tantamoun to the native acquiescing to the supremacist plundering european notion that crimes against humanity such as slavery, bondage and starvation by sanctions are good for the African Child and that our ancestors who were raped, tortured and fought valiantly against the vile whites died in vain.
No way, rhodie.
The struggle continues
Yes! The battle goes on until Africans are in total ownership and control of their indigenous space and their Afrocentric destiny.
The battle goes on until every last of the racist and criminal invaders and their evil eurocentric systems are destroyed and Africans are FULLY compensated for generations of UNPROVOKED and racist wrongs against the indigenous populations of Africa!
Umshini Wami; because the racist invading thief refuses to yield back African Lands, Wealth & Resources.!
See All Comments