For the effective and smooth-running of a Constitutional Democracy, you need strong checks and balances between the Legislature, Judiciary and Executive. The doctrine of the Separation of Powers makes functional sense when each of the three Branches of government can stand its ground in playing its Constructional role. There is a whole constitutional and developmental sense behind the principle of the independence of the judiciary. There are a lot of instances where this independence seems to have been compromised in our country. Evidently, powerful politicians and connected individuals are always able to sidestep the wrath of the law and have their cases quashed before they could answer in a court of law. The fundamental right of Equality before the Law is violated in this manner. Justice has become justice of the powerful and the rich who can buy justice and make it dance to their tune.
It goes without saying that the poor black people find it difficult to access justice because they do not have the means to hire the best legal minds and connections to bypass the law. Courts are located far away and out of reach from the poor. The language of practice is foreign to the majority of the people who visit the courts because they are allegedly on the wrong side of the law. The Legal Aid Board and translation services are never adequate to ensure the accessibility of justice to the poor black majority. They are the ones that are at the receiving end of the violence of the police as evidenced by the killing of AndriesTatane and the Marikana Massacre.
An AZAPO government will:
- Guarantee the strict observance of the separation of powers by , among other things, making the principle of the independence of the judiciary sacrosanct and inviolable
- Cause quashed cases of the powerful politicians and connected individuals to be reviewed and retried where the findings so direct
- Build additional courts in the villages and township to ensure that law courts are within their reach
- Substantially increase the Legal Aid Fund to actualise the accessibility and deepening of justice
- Promote a legal professional culture where trials would be handled in the indigenous languages of the majority of black people
- Demilitarise the police and retrain and re-orientate them to be the integral part of our communities to improve trust and cooperation between the communities and the police
- Improve the cooperation between the police, the courts and prisons in order to fast track the arrest, conviction and imprisonment of criminals
- Develop a strict protocol to ensure that individuals with the appropriate qualifications and general readiness are recruited into the police service
- Prohibit use of live ammunition by the police in instances where there are community protests that require professional crowd control interventions
- Ensure that parole is given on a fair and just basis rather than on the basis of being powerful and connected