The Constitutional Court has ruled that the National Assembly failed to hold President Jacob Zuma accountable.
Constitutional Court, On Friday the Deputy Chief Justice Chris Jafta read out the judgment on #ZumaImpeachment case by the Economic Freedom Fighters (EFF) and other opposition parties in parliament.
The majority judgment stated that the Parliament has failed to hold President Zuma to account following the ruling that he had violated his ‘oath of office’ over the Nkandla matter.
Chief Justice Mogoeng Mogoeng interrupted Justice Jafta and requested that a portion of the minority judgment also be read into the record. In his dissenting judgment Mogoeng said that the majority judgment is a “textbook case” of judicial overreach.
“Mogoeng Chief Justice holds the view that the majority has imposed it’s preference on Parlaiment in circumstances where separation of powers forbade it,” Jafta said.
He also said that in his view it is an “unprecedented and unconstitutional encroachment into the operational space of Parliament by judges”.
The EFF’s secretary-general Godrich Gardee did not hold back on his displeasure at Mogoeng’s interruption and said the highest judicial office bearer was “trying to impose his own judgment into the record”.
We note and agree with strong reservation by Chief Justice & Deputy Chief Justice in the minority judgment regarding encroachment of the judiciary into internal functioning of national legislature. Parliament, however, respects the majority judgment and will comply fully with it
— Moloto Mothapo (@MolotoMothapo) 29 December 2017
EFF went over the top when Gardee said the CJ’s minority view is an abuse of the legal process. They might wish to reconsider that statement. The CJ is well within his rights to hold a different legal view.
— Vusi Pikoli (@VusiPikoli) 29 December 2017
— Man’s Not Barry Roux (@AdvBarryRoux) 29 December 2017