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The unfolding events within the country's judicial system,
particularly the brewing legal battle by the Freedom Under Law, headed by
the retired Constitution Court Judge, against the decision of the Judicial
Service Commission pertaining to the Judge John Hlope matter, should be a
cause for grave concern for all South Africans.
For some time now, South
Africans have had to endure a series of tensions and legal rows of one form
or another within the judicial fraternity - which have without doubt left
this honourable sector bruised. In most instances, these clashes have been
more about personalities and ideological difference than about defending the
sacrosanct rule of law.
For this reason, the National Interfaith
Leadership Council (NILC) had a sigh of relief at the recent ruling by the
JSC on the Judge Hlope matter. For us, the ruling signified closure on this
sad chapter and paved way for the judiciary to heal and move forward.
While
we respect the constitutional rights of individuals to challenge legal
judgements, we are however of a view that the ensuing challenge and the open
attack on the integrity of the JSC by luminaries such as Judge Kriegler and
Emeritus Archbishop Tutu can only serve to further erode the integrity of
the judiciary and undermine the confidence of the people in it.
The
exclusion of several members of the Freedom Under Law in deciding to
challenge the JSC, which led to some of them resigning, raises serious
questions regarding the real intention of those behind the action. It is
difficult not to suspect that the action might be more about personalities
and politics than the protection of "the constitution and the rule of
law".
We do not believe that the interest of the South African nation and
the integrity of the judicial system will be better served by this legal
action.
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