Image: Northern Natal News
Faizel Patel – 03/11/2020
The Director of Accountability Now says if the impartiality and independence of the judiciary which are necessary factors in a functioning constitutional democracy are under the rule of law are not respected, the country is on the “slippery road” to a failed state.
Advocate Paul Hoffman was speaking to Radio Islam on Tuesday about South Africa’s judiciary being under attack not only from within the country, but also from outside.
Over the past couple of weeks former president Jacob Zuma attacked Deputy Chief Justice Raymond Zondo and demanded that he recuse himself after Zondo had a son with the sister of a current wife of the former president.
Zondo hit back, stating that the relationship happened years before Zuma was in the picture.
Judge President of the Western Cape High Court, John Hlophe also accused Chief Justice Mogoeng Mogoeng of dishonest conduct.
Hoffman says Zuma and Hlope are of the same ilk, adding that the Judge President has been working to advance Zuma’s agenda ever since he went to influence the outcome of an appeal about twelve years ago before Zuma became president.
“The two of them, Hlope and Zuma are [corkling] together to undermine the judiciary because they are both in trouble if rule of law is allowed to help sway and to run its course in relation to matters involving them.”
Hoffman however says Judges are not above criticism.
“If it’s Jacob Zuma and John Hlophe who are the originators of the criticism, than you know that they are running an agenda. If it’s Freedom Under Law or the Helen Suzman Foundation or the Ahmed Kathrada Foundation that have something critical to say about a judge or judges than you take it more seriously.”
In opinion piece in the Daily Maverick, Professor Balthazar raises a question about whether we can continue being complacent about the legitimacy of the judiciary and the legal system in general following a number of unrelated incidents over the past few weeks which provide real cause for concern.
Listen to the interview with Paul Hoffman
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