BLA concerned about accusations of judicial overreach

The Black Lawyers Association says it is concerned about accusations of judicial overreach following Friday’s judgement in the High Court in Pretoria.

The court found the appointment of National Director of Public Prosecutions Shaun Abrahams to have been unlawful. It also found that President Jacob Zuma cannot be tasked with appointing a successor due to the criminal charges hanging over his head. 

The judgement prompted a furious response from some quarters, including from African National Congress Women’s League president Bathabile Dlamini. 

BLA President Lutendo Sigogo believes that the court followed the prescripts of the law and says it shows in the body of its judgement.

Sigogo said senior political leaders are supposed respect the separation of power and are meant to lead by example.

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"It is worse, when such people do not appear to have taken time to study the judgement before they venture an opinion. The governing party of South Africa has been consistent in assuring South Africans that it respect the judiciary and encourages all aggrieved parties to utilize the fora that exist to appeal or review judgement they believe were made in error or due to unlawful consideration.  This assurance must show itself in the statements of leaders of the governing party."

Sigogo said the accusations are meant to deter the judiciary from fulfilling its constitutional mandate.

"These accusations are also calculated to undermine the independence of the courts. If these accusations are not challenged and refuted impression may be formed that there are exerted efforts from some quarters of our society to instil fear in our courts so that they may also be subject of capture and unlawful control."

Sigogo said they are also concerned that people accusing the court are not calling on the executive to act within the boundaries of the law.

BLA notes intention of the Office of the Presidency and Advocate Abrahams to note appeal against this judgment.