Dlamini, Maine ‘rise against the judges’ in ‘outrageous’ attacks

The ANC Women’s League’s Bathabile Dlamini and the ANC Youth League’s Collen Maine have launched attacks described by a law expert as “outrageous” on the High Court in Pretoria judgment which set aside the appointment of National Prosecuting Authority boss Shaun Abrahams.

“Judges make the government look like it is controlled by the judiciary,” Dlamini said at an ANC rally in Clermont, KwaZulu Natal, on Saturday.

“The South African government has three branches: the Cabinet, the legislature and the judiciary. And, therefore, we ask judges to be neutral if they want us to respect them. On the NPA issue, there is no justice in the judgment.”

On Friday, Justices Dunstan Mlambo, Natvarlal Ranchod and Willem van der Linde nullified Abrahams’ appointment and gave 60 days for Deputy President Cyril Ramaphosa to appoint a new NPA head.

“The judiciary has gone against the supreme law of the country, which is the constitution which should be guiding them. They are now very eagerly part of the cliques and even the language that is used by Mlambo, you can hear who was sitting with them drafting those statements on their behalf,” Dlamini said.

Wits law professor and practicing defence advocate James Grant said the two had clearly crossed a line. “What they say is outrageous. Comment on judicial pronouncements is tolerated to a very large degree, we have to allow for robust comment,” Grant said.

“But Dlamini is suggesting bias on the part of a full bench, that they are somehow infiltrated, which is over the line. If someone were to pursue her on that basis, I believe there would be a conviction.”

According to eNCA, Maine warned judges in general to “stay away from politics”. “No court will tell us whom to elect in the ANC. We are observing the judgments from our courts. We will rise like we rose against Absa. We therefore appeal, stay away from politics,” he reportedly said.

“It can be that the government goes to court and the president, in particular, the judgments are well known before we attend to you. We are appealing to the judiciary, we rose against apartheid, we will rise against you,” said Maine.

Grant said for Maine to threaten the courts was unquestionably going too far. “This is pretty serious. Any proper NPA and judiciary would do something about that. You can’t have people threatening your judges,” said Grant.

The judiciary was unavailable for comment.

Mlambo, appointed as the Gauteng High Court Judge President by President Jacob Zuma in 2012, has had a distinguished career. He was appointed acting judge to the Labour Court, a judge in the Labour Appeal Court in 1997 and then served as a judge in the South Gauteng High Court before moving on to the Supreme Court of Appeal.

– amandaw@citizen.co.za

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