Lindsay Dentlinger7 June 2024 | 5:00

Chief Justice Zondo defends judiciary's role amid national unity talks

He said despite the criticism often levelled against the judiciary by ministers and other Members of Parliament that it’s overreaching, the Constitution makes a clear distinction between their roles. 

Chief Justice Zondo defends judiciary's role amid national unity talks

Chief Justice Raymond Zondo at the national results operations centre on 2 June 2024. Picture: Jacques Nelles/Eyewitness News

CAPE TOWN - Chief Justice Raymond Zondo has defended the role of the judiciary while the country is between governments. 
 
He said despite the criticism often levelled against the judiciary by ministers and other Members of Parliament (MPs) that it’s overreaching, the Constitution makes a clear distinction between their roles. 

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On Thursday, Zondo handed over the lists of names of designated members of the National Assembly and provincial legislatures to Parliament, saying he would announce a date for the first sitting “pretty soon.” 
  
Zondo said with the country on the precipice of the swearing in of new MPs and the election of the speaker and the president, it’s a perfect time to consider South Africa’s model of the separation of powers. 
 
“You will hear whether it’s members of Parliament, or members of the executive complain about the judiciary and saying it’s overreaching, it’s usurping their powers, it’s not staying in its lane.” 
 
Zondo will call the first sitting of Parliament within the allotted 14 days since the declaration of the election result, and administer the oath of office to new members. 
 
“The separation of powers, you would wonder why a member of a judiciary would sit and preside over the legislature - it’s our model of the separation of powers.” 
 
He said although the country had a strong separation powers, there were also a number of instances in which one arm of the state could not do without the other. 

AGGRIEVED PARTIES

While political parties meet in secret to thrash out a power sharing arrangement for the country, Zondo said these talks had no impact on calling the first sitting of Parliament to elect a president.
 
And as Zondo has handed over the list of designated MPs to parliament, political parties are now also unable to make changes to the list. 
 
Jacob Zuma’s new uMkhonto weSizwe (MK) party is among those battling with some of its designated candidates about taking up parliamentary seats. 
 
Zondo said he was also aware some who contested elections were not satisfied with its outcome. 
 
“The judiciary will continue to play its role if there are any people who are aggrieved and approach the courts. But as things stand at the moment, the events that need to take place, in order for our constitutional democracy to continue, are going to continue and the judiciary will play its role.”