Acting Speaker, the Constitution of the Republic of South Africa clearly sets out the powers of Parliament, the President and the national executive, and the courts. We are confident that each of these bodies respects the powers assigned to them by the Constitution, as well as the powers and responsibilities of the other two arms of government.
The Constitution, in section 42, enjoins Parliament to ensure that it plays its role in scrutinising and overseeing executive action. With regard to the judiciary, government continues to enact legislation and implement programmes to enhance the independence within their context of the separation of powers embedded in the Constitution.
One of the significant safeguards against encroachment is the Constitutional Court which, as the highest court in the land, is entrusted with the important function of ensuring that each branch, including the judiciary itself, does not overstep its boundary.
The Constitution Seventeenth Amendment Bill and the Superior Courts Bill, which are currently being considered by this Parliament, are the latest legislative measures introduced by government with a view to strengthening the judicial arm of the state to exercise this delicate act of balancing the interplay among the branches of state.
These Bills in the main seek to provide a constitutional basis for a separate judicial governance framework, under the Chief Justice as head of the judiciary, to give full effect to our separation of powers, which is essential for the rule of law. Pending the finalisation of these Bills, the President has, through a proclamation published in August 2010, declared the Office of the Chief Justice as a separate entity from the Department of Justice and Constitutional Development, thereby paving the way for the envisaged judicial governance framework.
I am pleased that Parliament approved the code of judicial conduct in August this year, which was published in the Government Gazette on Thursday, 18 October 2012. The code will go a long way in ensuring that the judiciary is responsive to the needs and aspirations of a democratic South African society. Thank you.
Acting Speaker, Deputy President, thank you once again for giving us a clear and elaborate answer to the question. Mr Deputy President, what do you make of the situation where the Constitutional Court itself transgresses its own boundary, considering that it is the only and the last refuge of a citizen who feels wronged by other arms of state? What happens when that very last place of refuge is unable to discharge its responsibilities in terms of this separation of powers principle?
Acting Speaker, unfortunately hon Holomisa has not given me any example of an instance where the Constitutional Court has failed to execute its own responsibility. However, if I understand the question that he did not pose, he is essentially raising the question of recourse. What happens if the Constitutional Court is approached and its response or order or award still does not satisfy an aggrieved party? What recourse does such a party have?
Hon member, I think I can leave that to the practitioners who obviously, from practical experience, will have to contribute towards the jurisprudence of our country. It is a question that needs to be debated further as to whether, when you have an apex court such as the Constitutional Court, there should still be recourse to another institution for relief.
Acting Speaker, it is clear that it is the hon Holomisa who needs guidance, and not the judiciary. [Interjections.] The hon Deputy President has given him some guidance, but was much too nice about doing it.
I have been wondering ever since I saw this shocking question whether the hon Holomisa had been led astray by the thinking of the hon Ramatlhodi, who called on the courts earlier this year to exercise judicial restraint or constraint, as he called it, after the DA won two cases on rationality review.
Now, I don't know, because the hon Holomisa has not been brave enough to give the example of the case which he considers to be a transgression of the boundaries of jurisdiction of the Constitutional Court. He has not given an example. For all I know, it might be the DA's latest win in the highest court in the land.
The Deputy President has given him the answer. It is the Constitution that sets the parameters of the court's power and if the executive branch ever tried to guide the courts, it would kill off the Constitution. I wonder whether ... [Time expired.]
Acting Speaker, the fact that a senior member of this Parliament is asking the Deputy President about ways and means to influence the judiciary is symptomatic of a very serious tendency in the ruling alliance. This tendency could further erode investor confidence, resulting in more job losses, which will fuel unrest and destabilise our country.
The root cause of judgments against government is due to unconstitutional legislation promoted by elements in government, attempting to bypass or undermine constitutional imperatives, rather than any deficiency in the judiciary. Deputy President, that is why Cope would like you to undertake to defend and protect the judiciary from any form of meddling, manipulation or improper influence, and to direct your party's focus to understanding and respecting the principles of a constitutional democracy. The question is ... [Time expired.]
Hon member, you don't have time for a question. Again, there was no question.
Hon Acting Speaker, on a point of order: There was a question. There was a request from the hon member, if he can confirm.
Hon member, there is one minute for a question and I allowed more than one minute. I didn't hear the question. Are you saying there was a question?
Acting Speaker, I am saying that there was a question.
What was the question?
Can the member please repeat that one sentence where he asked if the hon ... [Interjections.]
Hon member, no. Please sit down.
Hon Acting Speaker, I have risen on a point of order. He asked the Deputy President if he can commit himself to stop further meddling. That is what he asked.
No, he didn't ask that.
Hon Acting Speaker, in that case I would ask you to look at the record of the House and make a ruling on the matter, because your current interpretation is incorrect.
Hon Deputy President, did you hear that question?
Well, it was preceded by a long preamble and perorations. However, yes, indeed, we are all committed to protecting and defending the Constitution. All of us in the executive and on this side of the House are committed to that. We remain committed to that. We will continue to protect and defend the Constitution. Thank you.
Can I remind members that the time allocated to questions is one minute. I have been really fair. Most members, in fact all members, have gone beyond the one minute. But I don't think it is fair when members spend that whole one minute and more just on statements and then they want to ask a question after that one minute.
Acting Speaker, Mr Deputy President, my question is whether you would kindly respond to my comment. I read through the question of Nkosi Holomisa. It is an important one, suggesting that there is still a major gap between constitutionality and reality and between legality and reality. We moved much further ahead in our constituency in adopting the Constitution. We need to bring our constituency to constitutional order. The Constitutional Court is bound by its own mandate to implement the Constitution as it is.
So, in rephrasing that question, if I understand the subtext correctly, what are you doing, Mr Deputy President, what is your administration doing to bridge the gap between constitutionality and reality and to make the entire South African constituency become more au fait with the Constitution, and transform the reality in a way that the judgment that the Constitutional Court will render and continue to render in compliance with the Constitution is not being felt by the people of South Africa as being inimical to the way they feel, their culture and tradition?
Short of really running seminars, conducting workshops and unpacking and explaining judgments of the Constitutional Court, the best way to close that gap is to ensure that the general populace understands the Constitution, understands the principle of constitutional review and understands that the three arms of the state work independently but in a complementary fashion to safeguard our democracy. That is an ongoing process that all of us should engage in.
I do know that the Chief Justice is very keen to ensure that. That is why his office is now being established with an administration of all the courts that have been separated from the Department of Justice and Constitutional Development. It is precisely also to create capacity, over and above and outside of the law schools and all of that, to ensure that the Constitution is well understood by all citizens. Thank you.
Order! [Interjections.] Acting Speaker, on a point of order: The Deputy President indicated that he would have been better advised if I had presented him with an example on my follow-up question. Would you allow me to give that example?
No. Hon Holomisa, you had your time for a supplementary question.
Yes, I did, but the Deputy President indicated that he would have answered my question better if I had given him an example.
Not now, later.