In today’s opinions, week look at some writers who have penned some thought-provoking pieces on the state of South Africa’s justice system. Judith February writes that the Judicial Services Commission led by Chief Justice Raymond Zondo is far more dignified, William Gumede argues that law firms need to band together to agree on an anti-corruption stance, and Omphemetse S Sibanda argues that the Special Tribunal should be under the purview of the chief justice and not the department of justice.
Sibanda writes that special tribunals need to have independence to conduct the excellent work they have been doing over the past few years as he details in his article. But how independent are special tribunals if they are housed within the department of justice, where they can be influenced by government insiders?
“Back to the question: how judicially independent is the Special Tribunal from the Department of Justice (DoJ)? Put differently, is the tribunal truly free from the executive and legislative branches of government directly or systematically interfering in its composition, powers, administration and functioning as part of the judicial branch?”
February says that when chief justice Raymond Zondo chaired his first JSC interviews last week, and with advocate Dali Mpofu and Griffiths Madonsela no longer members of the JSC, the tone was much more respectful and the interviews far more constructive. But the writer does contend that Zondo’s chairmanship style might not be best suited to a body as “complex and riven with agendas, both political and personal, as the JSC.”
Gumede contends SA’s legal profession has been a key element to drive State Capture and almost the entire legal value chain is systematically corrupt.
“The criminal justice procurement system has been captured, as has the process of making appointments to the public system through cadre deployment, whereby politically connected ANC deployees, often without the requisite skills, are appointed to key positions. This has led to legal public policy capture, incompetence and corruption.”
Gumede writes legal professionals need to hold their peers accountable when they partake in corrupt practices.
Here’s a compilation of opinions, analyses and editorials we’re reading:
Zuma resorts to veiled threat of repeated July violence as his Stalingrad defence drags on – Greg Nicolson, Daily Maverick
ANC set to kiss goodbye to Durban after Zandile Gumede win – Ferial Haffajee, Daily Maverick
EDITORIAL | With a rap sheet like Myeni’s, she should hide her head in shame – Editorial, Sunday Times Daily (for subscribers)
With Queen Zandile back, maybe it is time for our own Putin – Tom Eaton, Business Day (for subscribers)
Immigration bungling and Operation Dudula: Can government still catch up? – Carol Paton, Fin24 (for subscribers)
Push against step-aside policy is all about political survival – Ralph Mathekga, News24 (for subscribers)
Pandor’s comparisons between Ukraine and Israel ‘outrageous’ – Wendy Kahn, The Citizen (for subscribers)
Europe is sleepwalking into another world war – Boaventura de Sousa Santos, Mail & Guardian
