Unless he has been misquoted, ANC Secretary-General Gwede Mantashe’s observations on the Constitutional Court (made in what appears to be a verbatim transcript of an interview with Sowetan editor Mpumelelo Mkhabela) are simply scandalous. They take us back to the point when he accused judges of being counter-revolutionaries.

The fact that he makes these remarks at a time when President Zuma’s nomination of Judge Mogoeng Mogoeng as Chief Justice has met with some concern from commentators further mires the nomination in controversy.

Mantashe scandalously suggests that the Constitutional Court is setting itself up as opposition to the executive and to Parliament, and cites both the Scorpions judgement and the ruling on section 8 of the Judges Remuneration Act, under which Judge Sandile Ngcobo’s extension of office was proposed, as examples of politicking. He says the Ngcobo ruling was “suspicious” and suggests the judges were interested parties in the appointment of a new Chief Justice. He also says the Concourt might be positioning itself emotionally to reverse the Protection of Information Bill.

He has insulted the independence, impartiality and integrity of the Constitutional Court judges. He strikes at the heart of the constitutional order, under which the courts must uphold the supremacy of the Constitution by striking down law on conduct inconsistent with the Constitution, by suggesting that there is a dangerous trend towards “hostility” on the part of the court towards the other arms of state.

President Zuma and Justice Minister Jeff Radebe should repudiate him and tell him to shut up.