Mogoeng: Political court battles create tension between judiciary, state
In a wide-ranging interview with Eyewitness News, the Chief Justice says referring every matter to the court’s, politicises the judiciary and creates tensions with political arms of the state.
JOHANNESBURG – Chief Justice Mogoeng Mogoeng has warned of the dangers of political parties and state institutions being too quick to refer their disputes to the judiciary instead of trying to resolve the matters first.
In a wide-ranging interview with Eyewitness News, the Chief Justice said that referring every matter to the courts politicises the judiciary and creates tensions with political arms of the state.
Over the years, the judiciary has been forced to deal with cases that bordered on the principle of separation of powers.
Mogoeng said there were dangers to this.
“Taking as many of those cases to the courts, as has been the case, tends to politicise the judiciary and it also has consequences of creating unnecessary tension between the political arms of the state and the judiciary.”
He said he hoped that things would change.
“And I express hope that going forward, more time and more energy will be dedicated towards finding a solution to most of these cases, rather than being a bit too quick to refer them to the court in circumstances where they could possibly have found the solution within the parameters of the political framework and resources to solve them.”
The Chief Justice said the judiciary has often been put in a tight corner, forcing judges to make uncomfortable judgments.
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