PHUTI MOSOMANE
Parliament strongly objected and rejected remarks made by Chief Justice Raymond Zondo that Parliament will not be to stop another state capture if it happens.
Zondo is the former head of the Judicial Commission of Inquiry into Allegations of State Capture.
On Thursday, he delivered the keynote address at the colloquium hosted by the Human Sciences Research Council in Pretoria on the future of South Africa’s democracy.
Zondo said if any group attempts to capture the state it will likely succeed because, in nis view, nothing has changed in Parliament.
He questioned Parliament’s lack of implementation of the recommendations of the State Capture report.
In the report, Justice Zondo criticised Parliament for its failure to hold the executive accountable, and he repeated his views on Thursday saying that another state capture project could happen easily because Parliament has not learned.
“If Parliament won’t be able to protect the interests of the people, if there are attempts at another state capture, who will protect the people? There should be a standing anti-state capture and anti-corruption commission that works the same way as the commission that I was honoured to chair which can call anybody, whether it’s the president or any member of parliament or any minister to come and answer questions where there are allegations of corruption and state capture,” said Zondo.
He added that “just as it happened before, it can still happen because we have not put measures in place that could prevent it from happening. So, until we put in place such measures, it can happen.”
But Parliament spokesperson Moloto Mothapo said it is inappropriate for the Chief Justice, representing one of the arms of the state, to engage in public attacks on Parliament.
“We note that the attacks are also directed at the executive in so far as the current policy position of the electoral system is concerned. This is in the wake of a matter that is before the court on the electoral system,” Mothapo said.
He said Parliament wants Zondo to utilise the established channels to address any concerns he may have regarding Parliament’s implementation of the commission’s recommendations would have been more appropriate.
“It is not the place of a Chief Justice to make such public remarks unless and until he is required to adjudicate on a matter with impartiality.
“The principle of separation of powers is fundamental to our democracy, and it requires each branch of government to respect the roles and responsibilities of the others. Chief Justice Zondo’s public attack on Parliament encroaches on this doctrine.”
Mothapo said it is important for Chief Justice Zondo to provide Parliament with the necessary space to fulfill its obligations, which it is implementing, guided by the recommendations put forth by the Commission.
“We want to emphasise that Parliament, through the diligent efforts of the Programming and Rules Committees, has taken decisive steps to address the recommendations of the State Capture Commission,” he added.
To improve accountability, Parliament said it is currently developing rules and guidelines to enhance its oversight processes. Cooperation between Parliament and the Executive is also being fostered to facilitate executive attendance without the need for additional legislation or rules.
He went further to say that to strengthen oversight over the Presidency, Parliament is further actively conducting research to explore international best practices: “This work is vital in laying a solid foundation for enhanced oversight and accountability in relation to the Presidency.”
Parliament said criticism made by Chief Justice Zondo against Parliament is unfortunate, lacks merit and undermines the principles of separation of powers.
“As the head of the judiciary, it is essential for the Chief Justice to foster an environment of mutual respect and cooperation,” he said.
INSIDE POLITICS
