Since the dawn of democracy, our Constitution has served as a solid framework that almost every citizen of this country used to ensure that their rights were respected and upheld.
While the supreme law of the land contains important legislations, Chapter 8 of the Constitution serves as one of the vital legislations in the country.
The chapter unambiguously advocates for the independence of our courts. It clearly states that the courts have the responsibility to apply laws without fear, favour or prejudice, and should be impartial in doing so. This chapter also maintains that no person or organ of state may interfere with the functioning of the courts and that organs of state, through legislative and other measures, have a duty to assist and protect the courts at all times.
Almost 27 years into our democracy it is apparent, now more than ever, that South Africans need to reflect on the current status of the judiciary system. It is worth asking if our judiciary system is truly functioning in an independent manner? The turbulence and controversy that surrounds members of the judiciary and the alleged interference in how our courts operate is a great cause for concern.
The continuous defiance shown by former president Jacob Zuma against the Constitutional Court should by all measures never be tolerated. The same sentiment equally applies to the revelations by Chief Justice Mogoeng Mogoeng this week on the contents of his discussions with Public Enterprises Minister Pravin Gordhan on matters concerning the work of the judiciary.
The fast-growing trend of allegations that some in society operate with impunity where courts are concerned, and that certain members of the judiciary allow themselves to be politically influenced, is a recipe for disaster.
There is no way in which we can afford for our courts to be captured. It would be a sheer travesty for the government in the next five years to establish yet another commission of inquiry concerning our courts.
Therefore, our leaders have a responsibility to lead by example and leave the judiciary alone.
We also have the right and responsibility as a society, not to defend individuals, but the lawyers who protect our judicial system for the sake of future generations to come.
The Star