Sisulu did not break any law with attack on judiciary - experts
Constitutional law experts say Tourism Minister Lindiwe Sisulu did not break any law by attacking members of the judiciary in an opinion piece.
In the article entitled ‘Hi Mzansi, have we seen justice?’ Sisulu questions the rule of law in South Africa and the role of black judges.
The Director for Human Rights Centre and Professor of International Human Rights Law at the University of Pretoria Frans Viljoen says the Constitution protects Sisulu.
“The very Constitution Sisulu undermines it also the one that protects her. From a legal point of view I don't think there would be a very sound criminal action. But politically, since there are other political actors, there should be criticism that could be levelled against her as being unwise, unsubstantiated, but that is a matter of public discourse I don’t think this will go to a matter of legal sanction.”
Constitutional law expert Professor Elmien du Plessis says this is similar to the accusations made against the apex court by DA federal council chairperson Helen Zille ahead of last year’s municipal elections.
“In terms of the law there is nothing in law that prohibits her from saying these things, she is criticising the courts, and the courts are criticised everyday also by academics. The question would be, did she do it in a way that is respectful? If you make these kind of really damaging allegations at least you should back it up with evidence and for me that's where the cracks of this case lies.”
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