Chief Justice Raymond Zondo has stated that South Africa's robust and independent judiciary has often saved the nation's democratic project from going off course.
He expressed these sentiments while delivering the annual Griffiths and Victoria Mxenge memorial lecture at the Nelson Mandela University in Gqeberha (Port Elizabeth), Eastern Cape, on Thursday night.
With almost 30 years of democracy, Zondo expressed disappointment over the country's current state
NEWS: CJ Raymond Zondo says the country's strong and independent judiciary has many a time stopped the S. Africa democratic project from skidding off the rails. He said the country’s history is littered with cases that justified the need for it to have a strong judiciary. @IOL
— Sihle Mavuso (@ZANewsFlash) July 20, 2023
The annual lecture commemorates the Mxenge couple, who ran a Durban law firm and defended freedom fighters until their assassinations in 1981 and 1985 respectively.
Zondo urged South Africans to emulate the Mxenges and prioritize the interests of the people. The lecture’s theme was “The Role of a Strong Judiciary in a Constitutional Democracy.”
“Our courts have enormous powers in our constitutional democracy, including the powers to declare invalid acts of parliament and the conduct of the president if such actions are inconsistent with the constitution," said Zondo.
He emphasized that the judiciary's role is to keep other branches of government in check when they violate the rule of law, as the history of the country validates the necessity for a potent and independent judiciary.
Zondo cited the Nkandla judgment of 2016, regarding the costly upgrades to former President Jacob Zuma's rural home, as an example of the judiciary intervening to curb corruption.
Reflecting on the state of the country since the 1994 elections, which saw the ANC come to power and allowed all races to vote for the first time, Zondo expressed disappointment.
He emphasized the need for a strong judiciary to uphold the constitution and the law in the future.
Furthermore, he stressed that a strong judiciary should embody integrity and resist capture.
He pointed to the state capture commission he chaired, which exposed the ease with which unqualified individuals could be manipulated.
Judges should be appointed on the basis of their competence, not for having done favours for others, he stressed.
Zondo voiced his concerns about political parties trying to recommend judges and decide on promotions outside the established constitutional framework for judicial positions.
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