Legal expert Advocate Mpumelelo Zikalala says the Democratic Alliance’s (DA) court bid over the Lady R matter has a limited prospect of success.
The DA said it was unconstitutional for President Cyril Ramaphosa to appoint retired Judge Phineas Mojapelo, to investigate the docking of the Russian cargo ship in Simonstown in December last year.
Zikalala says there is nothing wrong with appointing a retired judge to chair an investigation of this nature. He added that the DA could have employed a better approach in this matter rather than attacking the judge.
“The question would be, why are you fighting the very hand that enabled you to accept the findings as they are? It simply means that the thinking of the president is correct and it takes a retired judge to conduct this type of investigation, is what has delivered the results which are accepted by you and me and also the Democratic Alliance. So, when on the jurisprudence type of argument, judges are allowed to engage in similar practices such as these ones. The law is very clear to what the judges can and cannot do. And in this particular instance, the President was simply saying I want someone who is experienced and who is better to do it than a retired judge?” says Zikalala.
Video: DA heads to court over Lady R – Legal analyst Mpumelelo Zikalala