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Compiled by the Government Communication and Information System Date: 06 Oct 2008 Title: Chief Justice addresses Commonwealth judges, magistrates -------------------- By Vivian Warby Cape Town - South Africa has a strong Constitution which is loved and supported by its people, Chief Justice Pius Langa has told a gathering of 200 Judges and Magistrates from Commonwealth countries. Speaking at the Commonwealth Magistrates and Judges Association Conference in Cape Town, Chief Justice Langa said: "We have been blessed with a great Constitution, strong constitutional structures and institutions and exemplary leadership. "This is important in South Africa no less because we come from a history that caused deep cleavages in our society, divisions which meant that pain, suffering and conflict were the order of the day. " He said the Constitution had to withstand some scepticism that its ideals could be achieved due to its extremely ambitious programme. "I think we have done rather well. There is still faith in the Constitution and its structures and institution. The courts are still the interpreters of the Constitution and the Law and we can still claim an independent judiciary." He added that while storms would come and pass, the country could still claim the independence of the judiciary. "The constitutional guarantee of an independent judiciary is alive and well in South Africa." Chief Justice Langa said that the independence of the judicial officers was fundamental in any democracy and was something all should cherish and nurture. "It is only if the judiciary is truly independent, if it is able to function without fear, favour or prejudice, that citizens are assured of protection against the exercise of arbitrary power." The Chief Justice said the real and ultimate power of the judiciary lay in its independence and integrity and in the esteem which this generates within the hearts and minds of people affected by its judgments. "Without public confidence and support, the judiciary cannot function at all, for this is where its legitimacy lies. The public confidence in the judiciary instilled by the assurance of its independence is essential for its survival and effectiveness. The judiciary must not only be independent as individuals but also institutionally." The theme of the conference, which runs for three days, is "Constitutional Independence for the Magistrate and Judge with reference to the Separation of Powers". Topics for discussion will include the role of regional courts in the Commonwealth, gender issues for the judiciary, and regional issues of independence for the judicial officers. - BuaNews |
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