Parliament accuses Zondo of ‘undermining' separation of powers
Parliament has hit back at Chief Justice Raymond Zondo following his remarks that the legislature failed to implement some of the commission of inquiry into state capture’s recommendations.
Zondo, who chaired the commission, told a Council for Scientific and Industrial Research event on Thursday that he has little faith in Parliament's ability to prevent a repeat of state capture.
The chief justice also accused Parliament of failing to take steps to ensure state capture was exposed before the looting of around R58 billion from the state's coffers.
Parliament’s spokesperson Moloto Mothapo says the legislature believes Zondo’s remarks undermined the principles of the separation of powers.
"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 utilising 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."
Mothapo says it is crucial to provide Parliament with the necessary space to implement the commission’s recommendations.
"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."
Mothapo says Parliament would have been happy to provide the chief justice with an update on the work done thus far.
"These decisive steps taken by Parliament demonstrate its dedication to implementing 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."
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