THE ANC in KwaZulu-Natal has called on Parliament to pass a law that will restrict the judiciary from interfering with the affairs of the legislature and President Jacob Zuma's decisions.
The ruling party also called for Parliament to make it punishable for political parties to abuse courts.
The calls were made during a march to Durban High Court yesterday to demand that the judiciary stay out of the affairs of the state.
Presenting the memorandum at the high court, ANC chairperson Sihle Zikalala said that Parliament should pass a law that would punish political parties who unsuccessfully took parliamentary matters to court.
“If a party had taken a parliamentary matter to court unsuccessfully it should be fined by paying court costs through deducting from salaries of members of the party,” said Zikalala.
The ANC provincial leadership was infuriated by the UDM approaching the Constitutional Court to force Speaker Baleka Mbete to allow MPs to vote through secret ballot on a no-confidence motion which would force President Jacob Zuma to step down. Zikalala called on the court to reject the UDM’s case with cost.
“The court should apply law to protect itself from being abused by those who had been defeated during elections, and during debates in Parliament,” he said.
The march was also in response to South Gauteng High Court Judge Bashier Vally who ruled in favour of the DA, in demanding that Zuma explain his reason for a cabinet reshuffle, which saw former finance minister Pravin Gordhan and his deputy Mcebisi Jonas being sacked from their positions.
Zuma is appealing against Vally’s judgment.
He said some judges had become “a big brother to the state”, an act which he said undermined the majority rule.
He accused Vally of being pro-DA and said his judgment should be reversed.
“The high court should review the employment of Judge Vally and terminate it because it is clear that other judges have political standpoints, and they are biased,” he said.
KwaZulu-Natal ANCYL secretary Thanduxolo Sabelo said the ANCYL viewed it as unconstitutional for courts to interfere with the cabinet reshuffle.
“You have never heard a decision at a beginning of a term where a president is called to explain why is he appointing a certain minister; and if you don't ask for a decision to appoint, why then do you need an explanation for a reshuffle?”
He said the ANC should double its efforts to get a two-thirds majority at the 2019 general elections to alter the constitution, and restrict judicial powers.
“The ANC must be able to consider real transformation of the judiciary, and obviously we will indeed table this as the ANCYL for discussion during the national policy conference,” he said.
KwaZulu-Natal legislature Speaker Lydia Johnson said she needed clarity on the powers of each arm of the government.