Pietermaritzburg High Court Judge Jerome Mnguni refused to disturb the hierarchy of South Africa’s legal system when he dismissed former President Jacob Zuma’s bid to overrule his arrest order made by the apex court.
In a 19-page judgment handed down on Friday, Judge Mnguni stated that there was no higher authority than the Constitutional Court and that its decisions cannot be undermined by a lower court.
“Should this court accede to the contentions advanced on behalf of Mr. Zuma, then the hierarchy will be disturbed and there will be no finality to legal decisions.
“What, in my view, this application seeks to achieve is to entangle this court in judicial adventurism (which has been strongly deprecated in constitutional democracies), and to make whimsical orders which have the effect of granting unlawful and unwarranted relief,” Judge Mnguni’s judgment read.
He noted the contentions that were advanced by Zuma’s legal head, Advocate Dali Mpofu.
“Should this court accede to the contentions advanced on behalf of Mr. Zuma, then the hierarchy will be disturbed and there will be no finality to legal decisions.
“What, in my view, this application seeks to achieve is to entangle this court in judicial adventurism (which has been strongly deprecated in constitutional democracies), and to make whimsical orders which have the effect of granting unlawful and unwarranted relief,” Judge Mnguni’s judgment read.
He noted the contentions that were advanced by Zuma’s legal head, Advocate Dali Mpofu.