judges ‘should not need extra remuneration’  
07 October 2008

In a reference that could be linked to the controversy surrounding Cape Judge President John Hlophe, who received payments from investment company Oasis, Langa told a Commonwealth conference for magistrates and judges that service conditions and the conduct of judges were part of what made up the “institutional independence of the judicial system”. For this reason, it was “essential” that these conditions be such that there was no need “to search outside the scope of one’s employment contract for remuneration or other benefits”. He believed it was an aspect that required “regular revision and debate” and he did not find it necessary “to dwell further on it”.

While the judiciary still faced many challenges “storms come and go, but they pass” SA could still claim that the constitutional guarantees of an independent judiciary “are still alive and well in SA”. Langa said a subservient and intimidated judiciary, forced to do the bidding of those who wielded executive or political power, simply became an extension of the executive “and cannot be trusted to deliver justice”.

“Anything that a judge or magistrate says or does that throws doubts on either his or her independence or impartiality, or whether the institution as a whole is independent, does not do democracy any favours. This can do damage not just to the judiciary as an institution but to the state itself,” said Langa. Judicial officers had to remain vigilant that there were no external influences in their judicial affairs. This required resisting the intrusions of other branches of government “even if faced with pressure”. Judicial officers were not appointed to give effect to the wishes of government, nor to pander to public opinion.

“Our role is to dispense justice. Occasionally a decision on the face of it does not appear to be just to members of the public for whatever reasons.” He said judicial officers, unlike the public, must always have regard to the importance of the rule of law and uphold its central tenets.  Langa said the conference’s theme, concerning the independence of magistrates and judges in the context of the adoption of separation of powers, had arisen “with some regularity” in SA recently. It was clear in many people’s minds that the independence of the judiciary was a “fundamental aspect of democracy and something we should cherish and nurture”. Langa said attempts to denigrate the judiciary and the courts incited great public alarm and attracted adverse publicity for the persons or institutions who were so “ill advised” to pursue this course of action.

The victories achieved should never be taken for granted, he said, and eternal vigilance was required because the principles underlining SA’s new democratic order were too precious to be put at risk.

Chris van Gass,  www.businessday.co.za