Speaker, Deputy President, the ACDP expressed strong reservations about the amendments to sections 167 and 168, which increase the jurisdiction of the Constitutional Court and reduce that of the Supreme Court of Appeal. We, like others, including members of the ANC, initially shared the view of retired Supreme Court of Appeal judge, Justice Farlam, that, if it aint broke, what are we trying to fix?
The test in the introduced Bill of "matters of interests of justice" was clearly too wide. We appreciate, however, that a large degree of artificiality exists and that the Constitutional Court already hears any matter that it desires as it is very easy to find a constitutional angle to such cases. The test has now been narrowed to allow the Constitutional Court to hear those matters that raise arguable points of law of general public importance. Well done, hon Dene Smuts. That was your suggestion. This was also the test suggested by the Supreme Court of Appeal as far back as 2009, and is supported by the ACDP. The test will require an appellant to carefully formulate this point of law and will, unlike the "interests of justice" test, prevent an avalanche of appeals to the Constitutional Court.
The amendment does, however, have far-reaching implications for the Supreme Court of Appeal, which until now, was the highest appeal court in nonconstitutional matters. This will no longer be the case. The amendments further erode the Supreme Court of Appeal's jurisdiction by excluding certain appeals from specialist Competition and Labour Appeal Courts. This was of great concern to me. I was concerned that we would be losing valuable expertise, insight and judicial wisdom, which five Supreme Court judges brought in hearing these further appeals. However, after deep reflection, I have to concede that the arguments against such further appeals to the Supreme Court of Appeal are compelling, this, particularly as we understand that it was the intention when those pieces of legislation were drafted.
Our nation is faced with decreasing foreign direct investment - a decrease of 43% - and everything possible must be done to facilitate a business- friendly environment. Litigation surrounding mergers and acquisitions must be dealt with speedily to ensure investor confidence in our country. Foreign and domestic investments are crucial for economic growth to address widespread unemployment and poverty. Our further major concern was that the jurisdiction of the Supreme Court of Appeal could then be gradually eroded by other courts, such as water courts and income tax courts, also requesting to bypass the Supreme Court of Appeal. This could then result in the Supreme Court of Appeal becoming an empty shell. As a direct result of these concerns, the Bill has been further amended to state that only competition and labour matters are immunised from appeals to the Supreme Court of Appeal. Thus, whilst we initially expressed severe reservations about the impact of these amendments on the Supreme Court of Appeal, we are persuaded that, on balance, the positive aspects outweigh the negatives. Therefore, the ACDP will support this Bill. I thank you. [Applause.]