KZN ANC march against judiciary

Durban march by ANC members protesting against "interference" by the courts in the work of the executive. Picture: Doctor Ngcobo

Durban march by ANC members protesting against "interference" by the courts in the work of the executive. Picture: Doctor Ngcobo

Published May 15, 2017

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About 600 ANC supporters marched against the judiciary in Durban on Monday‚ which they accused of making “unfavourable judgments” against the ruling party. 

The ANC in KwaZulu-Natal also condemned the judiciary for encroaching on "political and executive matters". The criticism follows a number of judgments which they viewed as an attack on the party. 

Marchers wore ANC T-shirts printed especially for the march‚ with the words "Phansi ngokugxambukela kwezinkantolo (down with the encroachment of the judiciary).They also carried placards saying: "The ANC says no interference in the executive‚" and‚ "Beware the interference by the judiciary”. 

The Durban protest coincided with a march by opposition parties in Johannesburg to the Constitutional Court‚ which yesterday heard arguments on an application to hold a secret ballot in Parliament for a motion of no confidence in President Jacob Zuma. 

North Gauteng High Court Judge Bashier Vally recently ruled that Zuma should furnish the DA with reasons for his Cabinet reshuffle in March. A memorandum of demands, read out by ANC provincial chairperson, Sihle Zikalala yesterday stated:

1.  That the reasons given by Judge Vally in support of his verdict be rejected and that his services be "terminated".      

2.  The application by the UDM to the court to rule on the secret voting in parliament be dismissed with costs.

3. The Judiciary should protect itself from state organs abusing the existence of the courts for their own political agenda by dismissing trivial applications.

4. Parliament should pass a law that will enable parliament to discipline any party in government that takes the government to court and loses the case. Such law should be inclusive of payment of the party fine deducted from the Members of Parliament representing the party concerned.    

5. That parties in parliament who consistently undermine and frustrate the work of parliament through courts and by any means be regarded by a law to be passed in parliament as violating the constitution. That they be removed from the National Assembly and from the Provincial Legislatures and their seats be distributed among parties in parliament.

Zikalala gave the judiciary two weeks to respond - he said failure to respond would result in further action.

In a statement, the  South African Judiciary reaffirmed its commitment to the principles of independence, impartiality, dignity, accessibility and effectiveness of the courts. Spokesman Nathi Mncube said the judiciary has been and will continue to be fearless in its approach to promote the rule of law and safeguard its independence and its commitment to the doctrine of separation of powers.

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