THE ATTACK ON THE PRESIDENT IS UNFAIR

The SACP has noted the unfair manner in which the nomination of Judge Mogoeng Mogoeng for the position of Chief Justice has been mocked and his credentials as a Judge have been questioned unfairly.

The SACP believes that the Honourable Judge has found himself caught in the middle of the crossfire led by the opposition parties whose main intention is to question each and every decision that the President makes, even when in this case he has merely nominated a candidate and is busy consulting the opposition itself.

This strategy is part and parcel of the right centrist liberal offensive directed at our revolution and if not defeated the liberals will run our country without winning elections. Institutions of the democratic dispensation which we hold so dearly are attacked and cajoled to serve the class interest of this liberal agenda, albeit being a minority agenda in society.

Those nominated to serve in these institutions are unfairly criticised and attacked by these liberals in order to entrench the liberal agenda. The incumbents are attacked, their integrity questioned and thus constrained to remain permanently slaves of liberals.

The SACP has not agreed with each and every judgement delivered by the constitutional court or the nominee himself, but we believe the current discourse is not conducted in good faith. The objective is to embarrass the President and this we cannot sit and watch unfold.

The judiciary in our country remains untransformed and continues to serve those who can afford. The appointment of the Chief Justice is but one step in the process of an ongoing debate we must have as a nation about the values of our judiciary and its class orientation. Judicial independence cannot and must not be equated to differing with the ruling party and vilifying it at all costs.

In a class divided society the judiciary is but one apparatus of the state that is being used to serve the interest of the ruling class. The critical question therefore in the debate about judicial independence that must be asked is independent from what?  The representatives of the ruling class make rulings in the judiciary in order to protect their class interests. The ruling class now wants us to believe that the principle of a separation of powers means that the judiciary must work against other arms of the state and not in sync with them. The SACP and other progressive forces must work hard to dispel this liberal notion.

Statement issued by Malesela Maleka, SACP spokesperson, August 18 2011

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