Chief Justice Mogoeng Mogoeng’s view that the Constitutional Court judgment in the so-called impeachment case is judicial over-reach, has been described as "misplaced and unfortunate" in the majority judgment of the court. The extreme difference of views on the judgment was notable in the four judgments penned on the case that looked at, among other things, if Parliament fulfilled its constitutional duties in holding President Jacob Zuma to account following the so-called Nkandla judgment in 2016. Mogoeng wrote a dissenting judgment on the matter, which was read out in full in the apex court on Friday. In it, he described the judgment as a "textbook case of judicial over-reach", saying it was a "constitutionally impermissible intrusion by the judiciary into the exclusive domain of Parliament". Justice Chris Jafta said the divergence of views raised was quite normal. "But what is unprecedented is the suggestion that the construction of the section embraced by the majority here consti...

BL Premium

This article is reserved for our subscribers.

A subscription helps you enjoy the best of our business content every day along with benefits such as exclusive Financial Times articles, ProfileData financial data, and digital access to the Sunday Times and Sunday Times Daily.

Already subscribed? Simply sign in below.



Questions or problems? Email helpdesk@businesslive.co.za or call 0860 52 52 00. Got a subscription voucher? Redeem it now