The Judiciary is expected to come under scrutiny during ANC National Policy Conference this weekend.
There have been tensions between the ruling party and the Judiciary, with some ANC structures accusing the courts of interfering in the other arms of government, the Legislature and the Executive.
But, some political analysts blame the ANC for concerning itself with new policies, while it fails to implement them.
The Constitutional Court ruling on the former public protector’s report on Nkandla was hailed a victory for the independence of Chapter 9 institutions and judiciary.
But some within the ANC accuse the courts of being used by the opposition, to try to co-govern.
ANC Secretary General Gwede Mantashe says, “When there is judicial overreach, courts take decisions about things that should be taken by the Legislature, or by the Executive. And it’s very dangerous in the long term because for every action there is always reaction. In the long term, there will be reaction of tightening the laws, to stop, and that is not desirable.”
But, the new Deputy Chief Justice Raymond Zondo says continued accusations of judicial overreach are exaggerated and have no basis.
He says the courts have the responsibility to deal with matters which are brought before it.
Deputy Chief Justice Raymond Zondo says, “There is parameters of the separation of powers, the important that the Judiciary respecting, the separation of powers. But also at the same time where the constitution gives the courts, the judges powers to intervene, they should intervene. So one has to strike that balance.”
Political analyst Dr Somadoda Fikeni says the ANC will always look to the courts when they’re dissatisfied with government decisions.
He also weighed in on the necessity of the policy conference, while some of the past policies still haven’t been implemented.
He expects the policy conference to be side-tracked by lobbying for the elective conference in December.
– By Montlenyane Diphoko
