Durban : June 19, 1998

IFP RESPONSE TO ANC ALLEGATIONS AGAINST THE JUDICIARY

The IFP views with considerable circumspection the comments made by the ANC regarding the independence of the South African judicial system. The IFP remains committed to maintaining the independence and stature of the judiciary in South Africa.

The IFP is deeply concerned about the ANC's apparent doggedness to denigrate the independence and status of the South African Bench. The ANC's seemingly endless attempts in this respect have succeeded in blackening the law enforcement agencies to such an extent that a culture of disdain and disrespect has been fostered by the very institution of government.

In the wake of the SARFU and Nkabinde judgements, senior members of the ANC have deliberately aided and manifested public condescension for the judiciary. The ANC has suggested that the presiding judicial officers in these cases voiced their personal views as opposed to the law. Statements of this sort are completely and utterly irresponsible in light of the increasing violence and mounting tension that is being experienced throughout our country.

The ANC's obvious dissatisfaction in the outcome of the SARFU trial led to the judge being blamed for playing the politician and not the lawyer. The ANC basically insinuated that the judicial system could not be trusted. By their utterance, the ANC has conveyed a message to grass root supporters implying that the law cannot be relied upon to protect them. The ANC must assume full responsibility for those people who choose to take the law into their own hands.

The ANC is determined to inculcate derision for the judiciary and to call into question its authority every time it does not agree with the outcome of proceedings. Their criticisms inevitably result in a loss of respect for what is supposedly an "independent" institution. The actions of the ANC are reflected, for instance, in the recent clash that bloodied the steps of the High Court in Durban and in the escalating violence on our public roads.

When the rank and file members of the ANC are exposed to this kind of talk, enforcing law and order becomes a hopeless task. When the government advocates disparagement for the highest law enforcement establishment in the land by ridiculing the Bench, there is little wonder that the basic fabric of our society is falling apart. The ANC must stop manipulating this issue for the sake of political mileage and it must refrain from issuing personal and vitriolic attacks against the judicial system.

The IFP urges the ANC to recognise the fact that the judicial system is independent of the state. If this salient fact is ignored, then one of the basic pillars of our sacred Constitution is undermined.