EDITORIAL: Doing justice to the constitution
Whatever the extent of Zuma’s machinations in his apparent state capture project, they have failed when it comes to the judiciary
Depend upon it, sir, when a man knows he is to be hanged in a fortnight, it concentrates his mind wonderfully." That statement by Dr Samuel Johnson, the 18th-century man of letters, might usefully be adapted to apply to the judiciary in society. If a man knows his income and position are safe from interference from any other person or institution, he is likely to develop a remarkable independence of mind. In the US, supreme court justices are appointed for life. This can have drawbacks if a judge becomes mentally enfeebled, but society has decided that this is a small risk when balanced against the value of encouraging judges to rule independently. Our judicial system also aims to guarantee this protection. Judges are appointed to serve until the age of 70, after which they may be requested to continue on the bench. Once appointed, judges — unlike most other state employees — cannot be removed administratively. Constitutional court judges can serve for 15 years. A few other officers...
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