TRANSFORMATION OF THE JUDICIAL SYSTEM AND THE ROLE OF THE JUDICIARY
28 February 2012
The Office of the ANC Chief Whip welcomes the discussion paper on the transformation of the judicial system and the role of the judiciary in our post-apartheid South Africa by the Ministry of Justice & Constitutional Development today. The discussion of this type is long overdue and necessary to the strengthening of our constitutional society, in which all people are equal and enjoy equal access to opportunities our hard-fought democracy presents.
We are pleased with this development as, contrary to doomsayers and those who have anointed themselves defenders of our constitutionalism, it is illustrative of a government that is faithful and obedient to the Constitution and takes seriously its constitutional task of deepening principles of a just society, and unites the people of South Africa in their diversity.
At the heart of a free and democratic society for which the ANC fought and championed for over 100 years, is the realisation of a better South Africa in which the fruits of freedom are not enjoyed by some but by all.
Parliament has passed over 2000 transformative legislations since 1994 to align our country's laws with the democratic Constitution. Therefore it is important to, amongst others, aassess the capacity of the Judiciary and that of the courts in building a South African jurisprudence that is in-line with the Constitution as the supreme law of the Republic. Equally important, is the assessment of the capacity of the State in all its spheres to implement measures that seek to give effect to the transformative laws of the Republic and the decisions of the courts.
Any serious democracy worth its salt will conduct a continuous evaluation of its laws to foster constitutionalism and rule of law for the deepening of a just and equal society.
The Office of the Chief Whip is therefore pleased with the Cabinet's progressive initiative. The ANC in Parliament will fully support the efforts of the Executive in this regard.
Statement issued by Mathole Motshekga, ANC Chief Whip, Parliament of the Republic of SA, February 28 2012
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