Falsely accused, ConCourt once again proves its mettle

The Constitutional Court's dismissal late on Friday of an application by the Electoral Commission of SA (IEC) to postpone local government polls to early next year has further confirmed its reputation as a fiercely independent institution that acts without fear or favour.

Much was riding on the court's decision, especially for the ANC whose factional infighting and administrative incompetence meant that the ruling party would not be able to field all its candidates in about 30% of the municipalities that are to be contested.

When the ANC filed papers and then almost immediately withdrew them without an explanation in a separate case in which it was trying to get the electoral court to allow it to register candidates beyond the IEC-imposed closing date, DA federal chair Helen Zille publicly speculated that the party could have done so because the Constitutional Court decision may have been "leaked" to it.

This was an irresponsible, reckless statement by a seasoned politician who should know better. The judiciary, especially the Constitutional Court, has come under severe attack in recent years, mostly from political groupings seeking to pressure judges to rule in their favour on matters that come before them.

These attacks, in the long run, may have the effect of unfairly discrediting our courts in the eyes of the public and therefore weakening the judiciary.

While we accept that freedom of expression includes the right to criticise the courts and even be suspicious of judges, such criticism should be based on facts and not falsehoods.

As the ruling revealed, there was no basis for Zille to cast aspersions on the court following the ANC's bizarre legal move.

Even in our darkest hour, when most state institutions were under assault from state capturers, the judiciary stood firm and, in doing so, protected our constitutional democracy.

Let us not undermine this important pillar of our democracy by questioning its independence without merit.