Zondo's remarks on state capture, Zuma ‘undermines judicial independence’
The Council for the Advancement of the South African Constitution (CASAC) says it’s disappointed over recent public comments by Chief Justice Raymond Zondo.
In a recent interview with Newzroom Afrika, Zondo shared his views on various topics, including the implementation of the recommendations of the State Capture Commission, judicial misconduct, and the pending arms deal corruption trial involving former president Jacob Zuma.
The interview came a week after the National Anti-Corruption Advisory Council conference last week, where he expressed his views on the same issues.
Senior researcher at Casac, Dan Mafora, says Zondo's remarks could undermine the legitimacy of judgments.
"CASAC regards the Chief Justice's remarks as unfortunate and ill-advised. The Constitution guarantees judicial independence and, to that end, grants judges security of tenure and ensures that their remuneration and benefits cannot be reduced.
“These measures are meant to insulate judges from political pressure and other outside influences.
“In return, judges are expected to stay clear of political controversy and everyday partisan politics and to carry out their judicial function impartially and without fear or favour.
“The Code of Judicial Conduct requires judges to ‘not publicly comment on the merits of any case pending before, or determined by, that judge or any other court’ and to ‘not express views in a manner which may undermine the standing and integrity of the judiciary’,” says Mafora.
The organisation believes Zondo's remarks in the interview crossed the boundaries of acceptable speech by judges.
"While answering questions about the recommendations of the State Capture Commission, which he chaired, the Chief Justice ventured into commentary about matters he has no personal knowledge of, even speculating as to the reasons for the government's failure to implement the recommendations.
“More concerning were the Chief Justice's comments regarding the pending arms deal corruption trial of former president Zuma, a matter that is still pending before the High Court, as well as his insinuation that Zuma may, in future, benefit from a remission of sentence if tried and convicted.
“These comments, as well as the Chief Justice's willingness to take media interviews generally, create the risk of perceptions that may compromise his and the judiciary's.”
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