Pretoria - The Presidency says it "accepts and respects" the judgment of the Constitutional Court in the matter of the unconstitutionality and invalidity of Section 8 (a) of the Judges' Remuneration and Conditions of Employment Act.
The court on Friday ruled that it was unconstitutional for President Jacob Zuma to extend now-outgoing Chief Justice Sandile Ngcobo's term of office.
The judgment was unanimous.
The court declared Section 8 (a) of the Judges' Remuneration and Conditions of Employment Act - in terms of which Zuma extended Ngcobo's term - unconstitutional.
In a statement after the judgment, Zuma's office they will abide by the ruling.
"The law was valid until today's judgment, and government will now study the ruling to see what directives the Constitutional Court is giving to Parliament for remedial action," said Presidential spokesperson, Mac Maharaj.
The application opposing the way Zuma offered Ngcobo an extended term was brought to court by the Council for the Advancement of the SA Constitution, Freedom under Law, the Justice Alliance of SA and the Centre for Applied Legal Studies.
On Wednesday, Ngcobo announced that had decided to withdraw his acceptance of Zuma's extension, which leaves the post of Chief Justice open from 15 August should a replacement not be found by then.
The President now has begun the process of appointing a new Chief Justice and will do so in accordance with the provisions outlined in the Constitution of the Republic, his office said.
On Thursday Zuma's office maintained that he acted in terms of the law in extending the term of office of Ngcobo.
They said the President acted in terms of Section 176 (1) of the Constitution, which provides for the extension of the terms of office of judges, as well as Section 8 (a) and (b) of the Judges' Remuneration and Conditions of Employment Act of 2001.
The Act authorises the President to request the Chief Justice and the President of the Supreme Court of Appeal to continue to perform active service, from the date on which they are eligible to be discharged from active service, for a period determined by the President.
"The Judges Remuneration and Conditions of Employment Act law was passed unanimously by both Houses of Parliament 10 years ago, after careful consideration. Nobody complained about the law until the President used it to extend the term of Chief Justice Ngcobo," said the Presidency.
