DA: Assessment of independent court judgments can be relevant

Imogen Vollenhoven
27 August 2013

The Democratic Alliance said the Justice Department has finally revealed that the successful tenderer to conduct the controversial assessment of judgments of the Constitutional Court and Supreme Court of Appeal is the HSRC together with the University of Fort Hare’s Law School. 

DA Deputy MP of Justice and Constitutional Development Debbie Schafer said how an assessment of independent court judgments can be relevant to policy unless the intention is to interfere with the courts in some way. 

“Given the move toward tracing the chief justice in charge of all aspects of the courts, if there were a need for a study it should be commissioned by him and our question has been all along what has this assessment found,” added Schafer.

She furthermore in the opinion of the researchers and the courts who have not sufficiently aligned with what the executive wishes to see and other similar objectives in the terms of reference.

“What remedy is there other than to try and influence the courts to appease the executives,” said Schafer.

Furthermore she added that the DA will submit further parliamentary questions to the minister of justice to find out what he suggests be done, should the assessment find that the judiciary is not sufficiently aligned with the executives policy.

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