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Cabinet has done nothing to assuage widespread concern about the Executive’s intentions towards the Constitutional Court. During the post-Cabinet press briefing today, Jimmy Manyi, through the Department of Justice and Constitutional Development, simply reiterated that the Constitutional Court’s judgments would be assessed for their impact on society.

The only form in which such research would be acceptable is the form in which Science and Technology Minister, Naledi Pandor, framed it in the National Assembly this week – to paraphrase: a review of Constitutional Court judgments relevant to the Executive to assess whether government has given effect to the Court’s rulings in its policies and programmes, and what the results are in the lives of citizens and for socio-economic transformation.

It is only government which can be assessed for policy outcomes, not the courts.

If it is only the Constitutional Court that is assessed and only those results that are taken into account, government is off the hook and the Constitutional Court is vulnerable to “review” of its powers, or to interference by the Executive.

This is unacceptable.