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ANC MPs don't appear keen on Mkhwebane probe

by 13/06/2018 16:24:00 0 comments 1 Views

This was in reference to Mkhwebane's recommendation to Parliament to amend the constitution. She was slapped hard by the courts for overreaching on this matter. ANC MPs also suggested the fact that the public protector's remedial action could be challenged in court was evidence that the constitution and its drafters foresaw possible differences in the interpretation of the same constitution.

Committee chairperson Mathole Motshekga had set the tone when he told Steenhuisen that there were South Africans - some of them leaders of political parties - who have accused the judiciary of judicial overreach.

“Would we hold an inquiry into the fitness or otherwise of the judges that are accused of judicial overreach?” he asked.

“The constitution is open to many interpretations; even great legal minds differ on the interpretation of the provisions of the constitution. Are we saying that heads of Chapter Nine institutions who may interpret a provision of the constitution different from how you and I interpret it are by the virtue of their interpretations disqualified from holding office?”

Steenhuisen argued that the comparison of judicial overreach and Chapter 9 institutions was like “comparing fish and fowl”.

Chapter 8 of the constitution deals specifically with the courts and administration of justice while Chapter 9 is a stand alone chapter that creates institutions that are meant to partner with Parliament in protecting and entrenching democracy and are given specific tasks.

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