The love-hate relationship between politicians and the judiciary has been a global phenomenon from time immemorial. In most instances, the balance of the relationship is skewed in favour of the politicians and executives, who can easily claim the constitutional right of freedom of speech and fair comment.
, Geert Corstens reported that in 2016 French President François Hollande labelled the judiciary asa cowardly institution, all those prosecutors and those high judges, they hide themselves, they act self-righteously, they don’t like politics
The recent furore regarding the criticism of the Constitution and the judiciary by Minister Lindiwe Sisulu, and the polarised reception of the rebuke of the criticism as an insult by acting Chief Justice Raymond Zondo, bears testimony to this troubled relationship. published by the Duke Law Center for Judicial Studies: “In criticizing the judiciary, the leitmotiv of politicians should be, as it is for the judiciary’s response to criticism:There are several issues that came out of this Sisulu-Zondo “discussion”. Standing out first for me is what Jan-Werner Müller, in the chaptercalled the “democratic dilemma: the possibility of a democracy destroying itself in the process of defending itself.
These questions resonate with the Zondo Commission report’s findings of the complicity of the government in failing to act on acute corruption.
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