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The Democratic Alliance (DA) notes today’s Constitutional Court decision declaring s8(a) of the Judges’ Remuneration and Conditions of Employment Act invalid and unconstitutional.
We also welcome the direction given by the Court, from which it is quite clear that any purported extension of the term of office of any individual judge of the Constitutional Court would be unconstitutional, and that all judges should be treated equally.
Although we supported the extension of the incumbent Chief Justice in principle, we did not, and do not, do so under circumstances that are unconstitutional.
We reiterate that the fact that Judge Ngcobo felt so strongly about that principle that he withdrew his acceptance of the President’s offer, is commendable.