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John ny de Lange, the outspoken chairperson of Parliament's justice portfolio committee, yesterday poured more fuel on the fire in his row with some of the country's top judges.

Speaking in the National Assembly, he lambasted the Judges President for accusing him of interfering in the independence of the judiciary, and for criticising Justice Minister Penuell Maduna for not defending them.

"The shrill, hysterical tone and content of the statement is most unusual and, one would venture, unbecoming members of the judiciary," De Lange said during the justice budget debate.

He was referring to a statement, read out by Cape Judge President John Hlope and signed by five other Judges President last week.

It was backed yesterday by the Transvaal acting Judge President.

A meeting of the top judges followed comments by De Lange - made during committee hearings -- on the efficiency of the country's courts and the high salaries earned by judges.

The judges complained of a "scurrilous attack on the independence, integrity and dignity of the judiciary", and an insinuation that judges were lazy and overpaid.

De Lange yesterday accused the judges of blatantly undermining the authority and standing of the Chief Justice, Arthur Chaskalson.

Chaskalson had participated in a five-hour meeting last week, when all the issues referred to by the Judges President had been addressed.

He also slammed the "scathing and unwarranted" attack on Maduna for not defending the judges.

Parliament was independent of the executive, and the committee had a responsibility to oversee the justice department, a task it had performed, through hearings, for the past ten years.

"It is imperative that the justice committee, and even Parliament as a whole, are not to be intimidated or cowered into submission by such unwarranted, unmandated and hysterical allegations," he said.

Speaking earlier, Maduna again said government respected the independence of the judiciary, but warned judges against making "snide ideological attacks" on the executive.

"No plan or intention or inclination exists to undermine its independence and no steps are contemplated to do so".

An informed and constructive public debate on the judiciary as an institution could not be said to be a threat to the institution and its independence.

"What may certainly do our polity irreparable harm is a knee-jerk overtly right-wing ideological reaction to the necessary debate.

"What we as a people must surely not countenance are occasional snide, ideological and political attacks launched on the executive by some judges cowering behind judicial independence," he said.

Maduna described the judges statement as "unexpected and unnecessary", but assured MPs there was no rift between the ANC government and the judiciary.

The administration of the judiciary was also accountable to the broader South African public, and the statements made by De Lange should also be viewed in that context.

However, he would talk to De Lange about his statement, and would also meet Chaskalson to discuss the issue, he said.

DA justice spokesperson Sheila Camerer said Maduna must give an assurance that the ANC government would not publicly attack the judiciary.

The insinuation that judges were paid too much, coming after claims of a lack of transformation of the Bench, was clearly the last straw.

Such criticism lowered the esteem with which the judiciary was regarded and undermined their credibility, dignity, integrity and indirectly, their independence, she said.

Koos van der Merwe, of the Inkatha Freedom Party, blamed all parties involved in the row; De Lange, the judges and Maduna.

"I, for one, was shocked by the fact that people at the pinnacle of our justice system could allow themselves to be dragged into this unnecessary dogfight.

"No-one applied the brakes, they just took off emotionally, all three of them... all three parties are to be blamed for bringing justice into disrepute.

"We caution and discharge them on condition that we never see a judicial street fight again," he said.

Meanwhile, Maduna was responding to a furore over comments by Johnny de Lange, the ANC chairperson of Parliament's justice portfolio committee.

De Lange had complained judges were paid too much for too little work, leading to an angry response from the country's top judges.

The minister was singled out for criticism - at a special meeting convened in Cape Town on Friday of most the judges president of the various divisions of the country's High Courts - for not defending the judiciary.

Maduna described a statement by the judges, read out by Cape Judge President John Hlope, and backed yesterday by the Transvaal Acting Judge President, as "unexpected and unnecessary".

He was also astounded by the Democratic Alliance statement over the weekend suggesting he ought to hold De Lange "in leash".

The legislature was independent of the executive, and government could not prescribe to MPs.

The minister stressed he had never done or said anything that could be described as a repudiation of the parliamentary committee chair.

The judiciary was also accountable to the broader South African public, and the statements made by De Lange should also be viewed in that context.

The judiciary competed with other sectors of society for scarce resources.

Therefore questions of productivity, the efficient and effective utilisation of resources and technology, skills development and training, were issues pertinent to the judiciary.

It was most unfortunate if statements on these matters were viewed as being part of an attempt to undermine the independence of the judiciary.

Maduna said he was mindful of the long hours judges had to work, the time it took to research and write judgments, and the general conditions under which judges had to perform their functions.

However, he would talk to De Lange about his statement, and would also meet Chief Justice Arthur Chaskalson to discuss the issue.

"In the meantime, we would all be well advised to refrain from saying or doing anything that is remotely likely to worsen the situation and undermine people's confidence in the judiciary as an institution," he said. – Sapa.

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