Chief Justice Mogoeng Mogoeng says the lockdown and state of national disaster implemented to curb the spread of the coronavirus cannot function above the Constitution.
The head of the judiciary spoke to News24 this week from under a tree on his farm, where he encouraged citizens to challenge government decisions they deem to be infringing their rights.
“I encourage every citizen who believes his or her rights have been infringed to, without hesitation, approach our courts, so the courts – that are constitutionally ordained to look into the constitutionality of acts or conduct of anyone – can review the matter and decide whether or not citizens have been wronged or citizens have been acting under an incorrect understanding of what the position is,” he said.
The chief justice said the rising cases of coronavirus in the country and the economic impact were “deeply concerning” to him. Had South Africa’s courts been modernised much earlier, he said, virtual court proceedings would not be a foreign concept that was being resisted from some quarters. “But you need funding to be able to do that. As you know, the public purse is highly challenged. There are so many key areas competing for the limited resources,” Mogoeng said.
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