The powers of the three organs of government - the executive, the judiciary, and the legislature - are all equal, Judge President of the North and South Gauteng High Courts, Bernard Ngoepe, said on Sunday.
“None can be higher than the other. They are all equal,” he told Sapa in an interview at the closing of the Access to Justice conference in Johannesburg.
Ngoepe was referring to comments made by President Jacob Zuma that although the separation of powers was important, courts should not be more powerful than government.
“In as much as we seek to respect the powers and role conferred by our Constitution on the legislature and the judiciary, we expect the same from these very important institutions,” Zuma said on Friday.
“The powers conferred on the courts cannot be superior to the powers resulting from the political and consequently administrative mandate resulting from popular democratic elections.”
Ngoepe believed Zuma meant that all three institutions were bound by the Constitution.
“As far as I am concerned, what he means is that the Constitution demarcates the areas of authority of the judiciary, the executive and Parliament, and that each of the three institutions is bound by the Constitution to remain within the parameter of its constitutional authority and not encroach on the authority of the other two.”
This was a valued principle, said Ngoepe. - Sapa