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Mogoeng would prefer state to rely less on courts

Chief Justice Mogoeng Mogoeng
Chief Justice Mogoeng Mogoeng

29th November 2016

By: News24Wire

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Chief Justice Mogoeng Mogoeng says the judiciary would prefer to have other arms of state deal with their own issues instead of relying on the courts.

Mogoeng was speaking shortly after he met with the parliamentary committee on justice.

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"If we had it our way as the judiciary, we would prefer to have other arms of the state [such as] Parliament ... the executive and even political parties [dealing] with issues of concern within their spheres of operation and resolving them without the need ever arising to approach court."

However, he encouraged politicians to seek the court's advice should they be convinced, "that the only avenue that can deliver justice to their concerns is the courts".

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Mogoeng also touched briefly on the Helen Suzman Foundation and Freedom Under Law court bid to compel President Jacob Zuma to suspend National Prosecuting Authority head Shaun Abrahams. He said the matter was, however, not part of the agenda with the committee.

"To begin now to venture a view on the fitness or otherwise of an officer of the court is going to be problematic because the likelihood is if it does resurface, it's going to find its way all the way up to the Constitutional Court," he said.

Earlier this month, Zuma wrote to Abrahams asking him to provide reasons why he should not be suspended.

The Presidency said Zuma gave notice of his intention to request reasons as to whether to suspend Abrahams, Director of Public Prosecutions Sibongile Mzinyathi and Acting Special Director of Public Prosecutions Dr Torie Pretorius.

This after Abrahams charged Finance Minister Pravin Gordhan with fraud before later dropping the charges.

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