Mr Zuma is no ordinary litigant. He is the former President of the Republic, who remains a public figure and continues to wield significant political influence, while acting as an example to his supporters… He has a great deal of power to incite others to similarly defy court orders because his actions and any consequences, or lack thereof, are being closely observed by the public. If his conduct is met with impunity, he will do significant damage to the rule of law. As this Court noted in Mamabolo, “[n]o one familiar with our history can be unaware of the very special need to preserve the integrity of the rule of law”. Mr Zuma is subject to the laws of the Republic. No person enjoys exclusion or exemption from the sovereignty of our laws… It would be antithetical to the value of accountability if those who once held high office are not bound by the law.
MEDIA STATEMENT
10 June 2011
CASAC Challenges extension of term of office of Chief Justice
The Council for the Advancement of the South African Constitution (CASAC) will challenge the unilateral decision by President Jacob Zuma to extend the term of the office of Chief Justice Sandile Ngcobo.
CASAC will be joining the Centre for Applied Legal Studies (CALS) in the court action. Legal papers are being prepared and will be filed as soon as possible.
CASAC has taken this decision as the actions of the President infringe upon the fundamental principles of the Constitution including the independence of the judiciary and the separation of powers. CASAC will challenge the validity and constitutionality of section 8 of the Judges Remuneration and Conditions of Employment Act.
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