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Measures to safeguard separation of powers

President Jacob Zuma
Photo by Duane Daws
President Jacob Zuma

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President Jacob Zuma says government has taken measures to safeguard the separation of powers doctrine, especially with regard to the independence of the judiciary.

The President said this when answering questions for oral reply at the National Assembly on Thursday.

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Democratic Alliance leader Mmusi Maimane had asked the President what steps he was taking as the Head of the Executive arm of government to strengthen the separation of powers.

“As the ANC government, we have gone to great lengths to preserve and safeguard the separation of powers, and in particular the independence of the judiciary, which is pivotal for the advancement of the rule of law.

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“In this regard, government has taken measures to defend and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness.

“One of the key interventions was the enactment of the Constitution 17th Amendment Act of 2012 and the Superior Courts Act of 2013, which affirm the Constitutional Court as the highest court in the Republic and the Chief Justice as the Head of the Judiciary,” he said.

The question from the opposition leader comes not long after the President announced that he will host Chief Justice Mogoeng Mogoeng to discuss working relations between the two arms of the state later this month.

Speaking in the National Assembly, the President said the enactment of the Constitution’s 17th Amendment Act and the Superior Courts Act reaffirmed the judiciary and the role of the courts as the final arbiter entrusted with the power of judicial review.

The said another major policy reform was the establishment of the Office of the Chief Justice as a national department in August 2010.

“These measures are important milestones in the 21 years of democracy. They attest to the government’s unequivocal commitment to the separation of powers and the independence of the judiciary in particular,” he said.

The President also quoted a pronouncement by the late former Chief Justice Arthur Chaskalson on the separation of powers, in which he said: “Obedience to the doctrine of the separation of powers requires that the judiciary, in its comments about the other arms of the state, show respect and courtesy, in the same way that these other arms are obliged to show respect for, and courtesy to the judiciary and one another. They should avoid gratuitous reflections on the integrity of one another.”

Government intervening to boost investment

The President also told Members of Parliament (MPs) that government was intervening in various sectors of the economy to bolster investment.

Maimane had asked the President what interventions government was taking to turn the tide of dwindling foreign investment and the loss of jobs in the country.

The President said according to the World Investment Report released by United Nations Conference on Trade and Development (UNCTAD) in June 2015, aggregate global Foreign Direct Investment (FDI) inflows declined by 16% in 2001 as a result of the continued uneven and weak recovery of the global economy after the 2008 global financial crisis.

He said South Africa was also affected and FDI inflows slowed by US$8.3 billion in 2013.

The FDI report 2015 by FDI intelligence, which tracks investment projects, also reported a decline in greenfield FDI projects globally.

The President said despite this, South Africa still attracted a substantial US$5.7-billion of foreign direct investment in 2014.

“South Africa was again the largest recipient of FDI on the African continent. South Africa also remains an attractive investments destination as per the latest Ernst and Young attractive destination survey.

“Multinationals have affirmed South Africa as a regional manufacturing hub and have retained and expanded their investments in new plants,” he said.

The President said many companies have invested in expansions, upgrades and new plants in South Africa.

He said despite this, South Africa could not afford to be complacent, and that is why during the State of the Nation Address in February, he announced a nine-point plan to push the economy forward, ignite growth and create jobs.

“Government is also committed to improve the investment climate and enhance the ease of doing business.

“The one stop Inter-Departmental Clearing House to attend to investor complaints and problems, which I announced in the State of the Nation Address, has been established, located at the Department of Trade and Industry.

“In addition to South Africa being a destination for FDI, we are now also an important source of FDI on the African continent.”

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