Against the Tide by Steven Friedman

The Judicial Services Commission is again under fire from lawyers, the media and some politicians for failing to recommend a particular candidate for appointment to the Constitutional Court. It is accused of discriminating against him because it dislikes his political opinions. Politics, we are told, is being placed before legal merit. But a closer look shows his supporters have no problem with demands that a judge be disciplined for holding the opposite view. It also shows that judges' politics always influence their judgements, particularly on the Constitutional Court. So what seems to be a protest against political interference in the courts turns out to be a campaign to make sure that judges whose opinions people in the suburbs like are favoured over those whose opinions they dislike.

This is the view of my weekly Against the Tide column which was sent to subscribers this morning. To read it and other columns on politics visit the Against the Tide website and subscribe. If you can't afford the subscription, contacts us at info@againstthetide.co.za to discuss a reduced or free subscription. 

Steven Friedman is a public commentator and an academic, currently employed as a Research Professor at the University of Johannesburg. He has been writing on South African politics for the entire democratic period both as a scholar and public commentator. He has published books on South Africa’s transition to democracy, the role of the trade union movement, and current South African politics. He has also written columns and articles for several South African newspapers. His writing seeks to use academic research to shed light on current politics but to ensure that this is conveyed in a way easily understood by people who have no academic training.