Quote of the week

The recommendation for criminal charges is particularly applicable to Mr Anoj Singh and Mr Koko, who by false pretences led Eskom, through the officials who processed the R659 million payment, to believe that the R659 million payment was in the nature of pre-payment for coal, as was the R1.68 billion pre-payment, later converted into a guarantee, when in truth and fact they knew that the prepayment and the guarantee were needed to enable the Guptas to complete and save the sale of share transaction.

State Capture Commission Report
Volume 4, Part IV
14 November 2011

Human rights lawyer Geoff Budlender SC says courts should be seen as institutions that strengthen rather than undermine democracy, notes a Business Day report. Budlender said that in a participatory democracy, the courts played a crucial role as a ‘critical mechanism of accountability’ to the people. The Constitution gave the executive the function of developing and implementing policy, but this did not mean that every policy could claim a genuine democratic mandate, he said. According to the report, Budlender said his four years’ experience as a civil servant had shown him ‘it was unelected officials like me who made many of the most significant decisions’ on policy. The theory that the executive had ‘a monopoly of wisdom on policy questions, based on a democratic mandate, strikes me as somewhat remote from reality’, he said. Budlender added if courts were to live up to their role in democratising society, they needed to make judgments that did not undermine the other constitutional imperative – that the government should be able to govern. – Business Day

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