The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

The Democratic Alliance (DA) calls on President Zuma to urgently clarify his remarks to Independent Newspapers’ Moshoeshoe Monare on the desirability of a review of the Constitutional Court’s powers.

Whereas his observations last year at the Judicial Conference and during the farewell to the outgoing and welcome to the incoming Chief Justice stopped short of questioning the basic structure of our Constitution and the courts’ powers of review, his remarks to Monare indicate that he wants to review in order to counterbalance the powers of the three arms of the state. That begins to sound like the position of Deputy Correctional Services Minister Ngoako Ramatlhodi , who believes that the Constitution “empties” the executive and legislature of power and “immigrates” power to the courts.

The matter is reported by Monare to have been raised at the ANC’s NEC two weeks ago, and President Zuma claims there is a growing view in society in favour of a review of the Constitutional Court’s powers. We believe to the contrary that South Africans take pride in the court that was created during our country's transition to democracy, and that it enjoys great esteem.

It is apparent from the President’s remarks that irritation with some of the Court’s judgements lies at the root of the desire for review. There is indeed nothing wrong in questioning decisions of the judiciary, as he says, but criticism must be informed criticism, as former Chief Justice Sandile Ngcobo said. And it has to be said, alas, that the President is not well informed when he states: “How can you say a judgement is correct when judges have different views and a dissenting judgment is more logical?”

The Constitutional Court in particular was given a large bench (eleven judges) precisely so that it would reflect a wide variety of views; and it sits en banc, with at least eight judges at all times, for the same reason, and to avoid the pitfalls of the past when politically reliable judges were given certain matters to adjudicate. A majority judgement gives us the wisdom of the majority of the judges and we are bound by it, however much all of us at times may prefer one or more of the minority judgements.

President Zuma will find that he is on the path to a full-blown confrontation with the Constitutional Court if his remarks really mean what they seem to mean, because the Court itself decides the constitutionality of constitutional amendments. Like Ramathlodi, he appears to be striking at the very root of the tree that carries the three branches of the state.