Quote of the week
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.
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others (CCT 52/21) [2021] ZACC 18
Constitutional Court judges do argue
In response to the “male rape” judgment by the
Excuse my ignorance, but do these judges each come up with a ruling (like in a game of rock, paper, scissors) or do they discuss the ruling? What I want to understand is whether Justice Langa could or did try to convince the majority of his point of view?
The short answer is no. A longer answer would be that the eleven judges first read all the documents submitted to them, then listen to the advocates making their arguments on behalf of their clients while they also grill those advocates on any conceivable aspect of the case. Then the judges retire to a beautiful room where they all sit around a big round table (it looks a bit like a huge tree stump) to discuss the case.
I think there is a vote at first to see who supports what position. They will then argue their positions and at some point the Chief Justice will appoint one of the judges who supports the majority view to write the majority opinion for the Court. The judge will then write a draft judgment (with some help of his or her clerks) and this will be circulated to the other judges. They might make suggestions for things to add or to take out. Some judges will say, well, I will support your opinion if you add this or take that out.
In the end all the judges who agree with the majority judgment signs on to it but it is published under the name of the main author.
Judges who do not support the majority judgment or want to add their two cents worth can write their own judgment. In the death penalty case – the first heard by the
In any case, the judges have plenty of time to argue with one another and to try and convince the other judges of their opinion. The previous Chief Justice, Arthur Chaskalson, appeared to have been particularly good to get others to agree with him. Chief Justice Langa does not seem to hold the same sway. But whoever talked a hole in the head of those judges who signed on to the male rape majority opinion should really be kept in check. And the judges who signed on to that judgment should really feel a bit embarrassed.
