Parly can call judges to respond to matters of oversight: Advisor


Parliament’s legal team has advised that judges can be called by the institution.

The issue of having judges appear before the ad hoc committee dealing with KwaZulu Natal Provincial Police Commissioner Nhlanhla Mkhwanazi’s allegations about corruption within the SAPS was raised in the committee today.

MPs are meeting to discuss the committee’s terms of reference.

A question about calling a judge before the committee was raised in reference to the judicial inquiry being led by retired Justice Mbuyiseli Madlanga.

Parliament’s chief legal advisor, Zuraya Adhikarie says the Act says Parliament may call any person to respond to matters of oversight.

“However we also have to be cognizant of the separation of powers and as long as we are not requiring judges to discuss decisions or case specific content. My advice would also be, if there is a need to call any judge for the oversight purposes and not for interrogation on the judicial decisions, because that is of course with the JSC that the process will require consultation. At least that’s protocol with the Chief Justice.”

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