Keynote Address by the Honourable Jeff Radebe, MP, Minister
in the Presidency for Planning, Monitoring and Evaluation; on the occasion of
the congratulatory dinner for Judge Colleen Collis; at the Parc Ferme
Restaurant, Sandton Centre
17
NOVEMBER 2017
Topic: Transformation of the Judiciary with particular
attention to creating a single judiciary and empowerment of women
It gives me great pleasure to stand here today to celebrate
an accomplishment of one of our most principled legal minds.
During the first decade of democracy, several fundamental
changes were effected to transform the judicial system, in particular the
setting up of appropriate judicial and legal structures and replacing the
apartheid laws that institutionalised and enforced segregation policies of the
erstwhile apartheid government. The establishment of the Constitutional Court
and other commissions strengthening democracy such as the South African Human
Rights Commission, the Commission on Gender Equality, the Office of the Public
Protector, the Independent Electoral Commission and the Auditor-General became
one of the fundamental transformation outcomes brought about by our democratic
government.
This contributes towards the attainment of some of our
national imperatives in the judicial sector.
When I was Minister of Justice, the transformation agenda
one of the fundamental programmes of government. I am glad that even under the
leadership of my cabinet colleague, Minister Michael Masutha, this imperative
is still
Our democratic society was founded on the supremacy of the
constitution and the rule of law.
Admission to the high office of judge
Furthering the vision of transformation in the and a single
judiciary coupled with the vision of empowerment of women
A sterling example of progress made in the empowerment of
able women
Promoting unity amongst judicial officers
The transformation discourse has been … in the judicial
sector
•The role of the judiciary in transforming the state and
society
•Separation of powers, the independence of the judiciary
and the rule of law as fundamental values that underpin the democratic society
•The impact of South African jurisprudence on the
transformation of society
The constitution is the supreme law of the land and
provides the basis for the transformation of the state and society. It sets
out, as its vision, the establishment of a non-racial, non-sexist, equal and
prosperous democratic society, founded on human rights. It is these uniquely
transformative features of our constitution that seek to redress the legacy of
inequality and deprivation implanted during the 300 years of colonial
domination and decades of apartheid rule.
The judiciary, as a branch of the state, must complement
the executive and the legislature in transforming and developing society. In a
constitutional democracy the judiciary, through the exercise of judicial
authority, has more responsibility than its traditional adjudicative role which
arises from its power of judicial review. Therefore the strong independent judiciary
is an absolute necessity for the rule of law to thrive.