MKMVA IS DEEPLY CONCERNED ABOURT THE MAJORITY JUDGEMENT DELIVERED TODAY BY THE CONSTITUTIONAL COURT CONCERNING THE POSSIBLE IMPEACHMENT OF THE PRESIDENT OF THE REPUBLIC, AND CALLS FOR THE WARNING ISSUED BY THE CHIEF JUSTICE AND DEPUTY CHIEF JUSTICE TO BE HEEDED
Date: Friday, 29 December 2017
The Umkhonto we Sizwe Military Veterans Association (MKMVA) noted with dismay the majority judgement of the Constitutional Court in the application by the EFF and other political parties concerning the possible impeachment of President of the Republic, that encroaches in a politically motivated manner into the internal functioning of the national legislature. In this regard we agree with the minority judgement of Chief Justice and the Deputy Chief Justice who stated in their dissenting judgement that it is a “text book case of judicial overreach”.
We furthermore condemn the opportunistic behaviour of the EFF, who when it suited them praised Chief Justice Mogoeng Mogoeng when he concurred with the Constitutional Court’s earlier ruling concerning Nkandla, and the Court’s adverse findings regarding the conduct of the President. Now that the Chief Justice drew a firm line against the further encroachment by the judiciary into the powers of the Legislative and Executive arms of government, the EFF has no good word for him and attack the Chief Justice and his Deputy without any restraint. In doing so they stand exposed for the unprincipled opportunists that they are.
MKMVA appreciates that the Chief Justice has finally – although to our minds rather late – warned about the continuing encroachment of the judiciary in the political realm. During the last couple of years MKMVA has on numerous occasions raised our serious concerns about the increasing tendency by the judiciary to overreach their powers and to meddle in the politics.
We were often left with the distinct impression that an increasing number of judges are allowing their personal political views to influence their judgements, and that they intend their judgements to favour certain political actors and the interests of the White Monopoly Capital (WMC) status quo.