Bashir judgment – new low point

2015-06-24
Dr Pieter Mulder

The judgment of the High Court today on the Bashir crisis represents a new low point in the relationship between the president as executive authority and the courts as legislative authority. This is the most serious of a series of consecutive mistakes that the ANC has made in recent times and through which the Zuma government is sinking in an increasing morass of incompetence.

The Freedom Front Plus welcomes judge president Mlambo’s judgment as well as the way in which the judge did not hesitate to address the executive. The judge’s view that a democratic state cannot exist or function if the government ignores its constitutional responsibilities is a series correction for government.

With the Nkandla events, the president and the executive largely ignored parliament as legislative authority and tried to circumvent it.

With their ignoring the High Court’s order that al-Bashir may not leave the country, the president and the executive calculatingly ignored and circumvented the judiciary.

It is clear from this that the president and the executive are out of control by trying to ignore parliament as legislative authority and the courts as judicial authority. It is therefore high time that the president and the executive are also called to order by the judiciary as the judge had done in his judgment.

If Mr. Omar al-Bashir had departed from Waterkloof Air force Base, as a military key-point without the government having known about it, it is total incompetence on the side of government.

On the other and, if government did know, it attests of a specific decision of government to ignore a court decision.

Both possibilities leave SA in a dangerous constitutional position. That is why the FF Plus welcomes the decision of the judge that the national director of public prosecutions institutes an investigation and the guilty parties are punished. The FF Plus will make its contribution by monitoring all further steps and ensure through Parliament that all steps remain transparent.

 

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