The Citizen reports this morning that Parliament has done an about-turn and launched a “desperate” last-minute bid against a Johannesburg businessman’s urgent High Court interdict application against disbanding the Scorpions.
Speaker of Parliament Baleka Mbete and National Council of Provinces chairman Johannes Mahlangu filed affidavits with the Pretoria High Court on Monday, asking to present their case if Glenister intends to interdict Parliament.
From what I hear from lawyers and going on what was said in the media, it might well be that Mbete has gotten wind that the Court will rule against the government and the ANC leadership in Parliament is now trying to stop this from happening.
If the court rules in favour of the Johanneburg businesman it would be truly a legal bombshell. The judge will become the hero of the chattering classes and the villian of the new ANC eladership. Thing is, it is the same judge who acquitted Jacob Zuma on rape charges so vilifying him might be awkward.
As I have it, Mbete and Mahlangu in their respective affidavits filed with the court yesterday state that, as it is not the Cabinet that makes laws, but Parliament, Glenister cannot interdict the ANC leadership or the President and his Cabinet, but that the appropriate remedy would be to seek an interdict against parliament. In such a case, so they say, Parliament should be allowed to present its case before the court makes its ruling. I don’t think that there has been any nindication that Willie van der Merwe might be inclined to rule against the Cabinet’s proposed Bill, but rather that Parliament foresees such a possibility and wants a second bite at the cherry.
Somehow I do not see it that way. The business man bid will not pass, simply because there is a parliamentary process set out to deal with these thing. I therefor do not see a judge pre-judging what that parliamentary process will say.
As to why the panick, I do not know.
Well, Mbete’s and Mahlangu’s panicky filing of affidavits at such a late stage were in vain – the judge having ruled that he did not have the jurisdiction to hear the matter and struck the matter off the roll.
Next stop Constitutional Court, I suppose? Is it even worth the bother?
Sounds farcical to me.
Let’s say the ANC introduces such a bill. And parliament discuss it and vote on the matter and make the law. And the open and stated reason for it is to make it difficult to prosecute Zuma and all sorts of other deployed comrades with their hands deep in the cookie jar.
Can the CC interdict / prohibit the duly elected parliamentary representatives of the people from making the law because it does not like its purpose?
I seriously doubt it.
In other words can the CC jurisdiction to declare an Act unconstitutional, be “extended” to enable them to exercise it beforehand – ie to interdict them from making an unconstitutional law.
Then they must decide beforehand that the law [ in the pipeline at parliament ] is going to be unconstitutional????
Goodness gracious me – are these people serious?
Pierre.
I dont think we need to listen to people like you if we are serious about progress in this counrty.
Your views are prejudgemental on Hlophe, “John Hlophe must be toast or else we are living in a banana republic” I mean only a fool more than Malema (Youth League) can publicly post such a statement for public comment.
I doubting to agree with the view that Malema is a fool on what he said in his statement “kill for Zuma” perhaps he was reffering to people like…..
Aren’t we living in a banana republic when white people – who have largely benefited from apartheid and think they worked hard for they have today, say such statements?
I truely believe that white people have nothing to say that this nation needs to listen to. If I am a white man I will ashame to comment on matters of public interest.
Do white people really know what is in the public interest in this country? They only know of the word ” public intarest” today didn’t this word exist to them during apartheid era?
They (whites) were suppose to stress on the word ‘public interest’ during apartheid era and stop nagging us with ‘public interest’ comments.
I dont thing they even today really regard black nation as public.
Only a real fool can publicly condemn our prosperious leaders Zuma; Hlophe; Malema; Mugabe; and many more
Lindelani
You make me sad. Do you think it is foolish for the people of Matebeleland who lots ears and lips and limbs and sons and daughters and mothers and fathers to condemn someone like Mugabe?
Maybe your family has a similar story of white people who did hurtful things to them? Don’t tarnish that legacy by selectively condemning tyranny.
Read here a recent comment from one of those affected by the Matebeleland massacres:
www DOT thoughtleader DOT co DOT za/bhekinkosimoyo/2008/06/16/zimbabwe-violence-reminiscent-of-gukurahundi-massacres-believe-me-you-don%e2%80%99t-want-to-go-there%e2%80%a6/
Hate, even if justified, can have a blinding effect. Read my response to your earlier comments:
constitutionallyspeaking DOT co DOT za/?p=580#comment-2762