CONSTITUTIONAL CHECKS AND BALANCES
Judge dismisses overreach claim in court farewell
If the executive and legislature applied constitutional values, SA's top court would have a less significant role to play, says outgoing Judge Bess Nkabinde
In a rousing final address to the Constitutional Court, outgoing Judge Bess Nkabinde said the control of checks and balances exercised by the courts did not amount to judicial overreach. She said the heat in the dispute was generated by a failure to comprehend the equal obligations of the three arms of the state, which is to promote constitutional values. Defending the role of the judiciary as she shared her observations over the 12 years she served in SA’s highest court, she said that if the other arms of the state (executive and legislature) applied constitutional values, the judiciary would have a less significant role to play. Nkabinde was addressing the Constitutional Court gallery on Thursday, when leaders of the legal fraternity and government paid tribute to her. The judiciary has come under attack from various quarters in recent years for what critics say is its overstepping of its mandate by making critical rulings on policies formulated by the executive and the decisions ...
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