DOJCD: Parliament vindicated, not “irrational”

Posted on March 18, 2011. Filed under: Courts |

The Department of Justice and Constitutional Development (DOJCD) has issued a response to yesterday’s Constitutional Court ruling, which found that the law enacted to dissolve the Directorate of Special Operations (“the Scorpions”) was invalid and that the Directorate for Priority Crime Investigation (“the Hawks”) is “insufficiently insulated from political influence”.

In the statement, the DOJCD commits to studying the judgment, with a view to appropriately amending legislation within 18 months as mandated by the Court.

In defense of government, the DOJCD maintains that the legislation that created the Hawks, as enacted by Parliament, was intended to protect the unit’s independence and “shield it from possible interference”. The Department adds that Parliament “has been vindicated as the court did not find anything irrational in how it processed the legislation”.

Constitutional law expert Professor Pierre de Vos has called the ruling a “monumental judgment in defense of the poor” – have a look at his very insightful analysis on his blog, Constitutionally Speaking, by clicking here.


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