Criticism made by Chief Justice Zondo against Parliament

22 June 2023

Parliament expresses shock and strong objection to the recent remarks made by Chief Justice Raymond Zondo, former head of the Judicial Commission of Inquiry into Allegations of State Capture, about Parliament. It is inappropriate for the Chief Justice, representing one of the arms of state, to engage in public attacks on Parliament. We note that the attacks are also directed at the executive in so far as the current policy position of the electoral system is concerned. This is in the wake of a matter that is before the court on the electoral system.

We believe that utilizing the established channels to address any concerns he may have regarding Parliament's implementation of the commission's recommendations would have been more appropriate. It is not the place of a Chief Justice to make such public remarks unless and until he is required to adjudicate on a matter with impartiality.

The principle of separation of powers is fundamental to our democracy, and it requires each branch of government to respect the roles and responsibilities of the others. Chief Justice Zondo's public attack on Parliament encroaches on this doctrine.

It is crucial to provide Parliament with the necessary space to fulfil its obligations, which it is implementing, guided by the recommendations put forth by the Commission. We want to emphasize that Parliament, through the diligent efforts of the Programming and Rules Committees, has taken decisive steps to address the recommendations of the State Capture Commission.

To improve accountability, Parliament is currently developing rules and guidelines to enhance its oversight processes. Cooperation between Parliament and the Executive is also being fostered to facilitate executive attendance without the need for additional legislation or rules.

Furthermore, to strengthen oversight over the Presidency, Parliament is further actively conducting research to explore international best practices. This work is vital in laying a solid foundation for enhanced oversight and accountability in relation to the Presidency.

Several other initiatives are being either explored or implemented to hold the Executive accountable based on the outcomes of the Zondo Commission. The Rules Committee has decided that quarterly reports on the progress of these initiatives must be tabled.

These decisive steps taken by Parliament demonstrate its dedication to implement the recommendations of the State Capture Commission. Had the Chief Justice reached out to Parliament with his concerns, he would have been comprehensively apprised of all the ongoing work.

The criticism made by Chief Justice Zondo against Parliament is therefore unfortunate, lacks merit and undermines the principles of separation of powers. As the head of the judiciary, it is essential for the Chief Justice to foster an environment of mutual respect and cooperation.

Issued by Moloto Mothapo, Media Officer, Parliament, 22 June 2023