Judges and politics

[Dave A]

A critical component of our much vaunted consitution is the concept of an independant judiciary.

It may be the most urgent question facing President Jacob Zuma: whether to use his powers of appointment to rein in the courts, where he has faced his most difficult battles, or to facilitate the rebuilding of an independent judiciary from the wreckage of the ANC’s succession battles.

The signals are mixed.
full story from M&G here

It seems the concept of an independant judiciary is subject to the whims of politicians.

[Marq]

It seems the concept of an independent judiciary is subject to the whims of politicians.

Dave - Have you only just got the concept? Have not the Zuma, Hlope, Shaik, Selebi, Motata,Mpisane,Yengeni, Winnie,long list,...........saga's...convinced you yet.

[Dave A]

Not quite that naive, Marq.

Obviously politicians have been writing the law to suit their circumstances since the dawn of "civilisation." It's just in recent times they tend to be obliged to be more discreet about serving their self-interest.

[Dave S]

Not quite that naive, Marq.

Obviously politicians have been writing the law to suit their circumstances since the dawn of "civilisation." It's just in recent times they tend to be obliged to be more discreet about serving their self-interest.

I don't think they're discreet about it at all, in fact, I would hazard to say they're getting a lot bolder about where their particular interests lie. But I'm also taking a closer note of Mantashe... there could be something of a sincerity there? Or perhaps "wool over eyes"?

[Dave A]

they're getting a lot bolder about where their particular interests lie.

Locally, it seems. In most parts elsewhere they still take a beating when the truth emerges

[Dave A]

The first outcome of an African National Congress-friendly Judicial Service Commission (JSC) is the decision to hold closed hearings on the dispute involving Western Cape Judge President John Hlophe, Democratic Alliance leader Helen Zille said on Tuesday.

"Over the last six weeks the ANC has quite deliberately garnered itself a majority on the JSC," Zille said in a statement.

"This decision is extremely regrettable -- Judge Hlophe stands accused of exerting improper influence on Constitutional Court judges Chris Jafta and Bess Nkabinde in a case that involved President Jacob Zuma."

The JSC, which is sitting in Cape Town, said it would conduct a "preliminary investigation" rather than a formal open hearing on the dispute as previously decided.

The investigation would be closed and limited to questioning of Hlophe, Nkabinde and Jafta, the two judges he allegedly approached. It had not yet been decided if they would be cross-examined.

The investigation would be conducted by a JSC subcommittee, whose members had not yet been selected. It would refer the record of the investigation to the full JSC, which would then decide whether or not to proceed with a formal hearing.

The Constitutional Court judges complained to the JSC that Hlophe had sought to improperly influence judgments pending in their court involving President Jacob Zuma.

Hlophe counter-complained that the judges had treated him unfairly in the way they had made their complaint.

"This is clearly a matter of significant importance to the public, and section 9(3) of the Judicial Service Commission Act provides for JSC meetings to be held in public in such circumstances," Zille said.
full story from M&G here

A "political solution" to the Hlope dilemma in the making?

[Graeme]

And it's not just us - when a vacancy arises in the USA Supreme Court the President makes the appointment and Congress ratifies it. So if the Democrats are in power, a liberal Judge is proposed (happening there right now) - if the Republicans are in power then conservative Judges are appointed.