The question of judicial and executive overreach has been at the centre of mounting legal action against the Presidency and Parliament over the past year.
This week, the High Court in Pretoria dismissed President Jacob Zuma’s application to set aside and review the Public Protector’s remedial action given in the State of Capture report.
Last week, a High Court also ordered that National Prosecuting Authority (NPA) head Shaun Abrahams leave office and be replaced within 60 days.
There have been other landmark cases in this year alone, including a Constitutional Court ruling over a secret ballot vote and more.
Eusebius Mckaiser spoke to senior journalist Karyn Maughan and Professor James Grant, associate professor of law at Wits University.
Right from the outset, we are a society which has declared itself to be a political enterprise, which is ultimately controlled by law, so there is nothing surprising about that.— Prof James Grant, associate professor of law at Wits University
In an ideal society, we would not be getting involved, but we are constitutionally obligated to intervene when state institutions are making irrational decisions that have impact.— Karyn Maughan, journalist
Speaking on the so-called 'legal fall' of Zuma, Grant and Maughan agree that the judgment on cases involving the President often revealed how he has attempted to defend the indefensible.
Remember in the Nxasana matter, the court went into great detail about the President's legal pathology...that ruling was built on all these legal corpses that have defined all the bodies left behind by all the President's previous cases where there was this culture of fight, fight, fight. Defend what you ultimately concede is the indefensible, and at the last minute say, sorry guys ,got it wrong.— Karyn Maughan, journalist
The words that Karyn has used again, the court literally used those words, that the President is now known for defending the indefensible.— Prof James Grant, associate professor of law at Wits University
Click on the link below here the full conversation....