Retired justice Zak Yacoob’s new Constitutional Court role has been shrouded in secrecy, raising a number of pertinent questions.
South Africa’s Constitution is built on the strong foundation of accountability and transparency.
The president of the country and the chief justice as the head of the judiciary are the first custodians of that important document.
At all times, the expectation is that they are to fulfil this weighty responsibility without fail. And to a large extent the judiciary has withstood some of the great challenges before it.
Much is being debated about President Cyril Ramaphosa’s legacy especially in light of the Phala Phala saga.
That however is not the point of this editorial. Retired justice Zak Yacoob’s new Constitutional Court role has been shrouded in secrecy, raising a number of pertinent questions.
It was only recently that Chief Justice Raymond Zondo confirmed that indeed Yacoob had been appointed to provide a support service to the justices of the Concourt because of the huge workload faced by the court since the expansion of its jurisdiction.
When the “Sunday World” first broke the story, the office of the chief justice remained mum on whether Yacoob had been appointed to the apex court, and what exactly was his role.
Subsequent enquiries yielded no result, raising more questions about his appointment, particularly why the public was seemingly in the dark about it.
That Yacoob along with retired Justice Johan Froneman would not take part in the adjudication of any matter when rendering the support service for a few months, may have not required a grand announcement.
It did however need urgent clarification when questions about Yacoob were raised. He has been embroiled in a number of controversies, at times political, that have put him under scrutiny.
Whatever role he plays in our courts beyond his non-renewable 12-year term at the Concourt is a matter of public interest.
It rightly raises questions when it appears that information around this saga is being deliberately withheld. It goes against transparency and accountability. Yacoob’s well documented political views and his proximity to some ANC Cabinet ministers do not make this situation any better.
This is not to say that this will influence his work, far from it; as it would be a travesty of justice. It would betray the sons and daughters of the soil who paid the ultimate price for us to enjoy the freedom we have today.
Cape Times
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