Thank you, Chair. As I said that an independent and impartial judiciary are essential elements of a constitutional democracy, specifically as the judiciary in a constitutional democracy is entrusted not only with resolving disputes between private parties but only for resolving disputes between the government and private parties. The rule of law is put into effect through a constitutional system by which powers are separated and balanced amongst the three branches of government. In this system the judiciary should function as an independent branch of government and as the ultimate enforcer of the rule of law. Important for our discussion Chair, as it has been pointed out by Jeffrey Shaman, an American writer in his book, Judicial Ethics: Independence, impartiality, and integrity. An independent judiciary can properly enforce the rule of law only if two conditions are met; firstly, it must be learned in the law and secondly, it must be characterised by impartiality and integrity.
The former Chief Justice, Sandile Ngcobo, once remarked that every actual independence and impartiality of the judiciary is essential to the successful operation of democracy. So is the public perception that courts provide an independent and impartial tribunal to resolve disputes and provide basic protection to individuals. Without public confidence in the judiciary its ability to do justice would be severely compromised. Therefore, Chair, to uphold and protect both the integrity of the judiciary and the confidence of the public in the judiciary as a whole and in respect of the individual members, our country has adopted a judicial code of conduct.
In article 4, it explicitly prohibits members of the judiciary to ask for or accept special favours or dispensations from the executive or any interest group. While we must therefore be mindful that at this stage Mr Nair is only facing allegations of accepting a special favour from Bosasa in respect of the upgrade of the security system at his private home, the seriousness of this allegation in our view left the Minister with no other option but to suspend him from the office pending a hearing into his fitness to hold office.
In order for this Parliament to play its role in upholding both the Constitution, the independence of our judiciary and its integrity, we are as a Parliament in our view enjoined today to confirm this provisional suspension. I thank you.
Declarations of votes contd: