Pretoria - President Jacob Zuma has reiterated that the country's judiciary is independent and can be trusted to be the final arbiter in disputes.
Addressing the National Assembly on the occasion of bidding farewell to former Chief Justice Sandile Ngcobo and welcoming Chief Justice Mogoeng Mogoeng, Zuma said the executive must be allowed to conduct its administration and policy making work as freely as it possibly can.
He said the powers conferred on the courts cannot be regarded as superior to the powers resulting from a mandate given by the people in a popular vote.
"In our view, the principle of separation of powers means that we should discourage the encroachment of one arm of the State on the terrain of another, and there must be no bias in this regard," Zuma told the assembly.
He added that in order to provide support to the judiciary and free the courts to do their work, it would help if political disputes were resolved politically.
"We must not get a sense that there are those who wish to co-govern the country through the courts, when they have not won the popular vote during elections. This interferes with the independence of the judiciary," said Zuma.
He paid tribute to Ngcobo during his tenure, in which he "served the country in a distinguished manner".
Welcoming Mogoeng, Zuma said his response to the critics endeared him to many South Africans, and convinced him that the highest court in the land was safe and in the right hands.
The nomination of Mogoeng received criticism from opposition parties and some in the legal fraternity, who said he lacked the necessary experience to lead the highest court in the land.
Another advantage for Mogoeng, Zuma said, was that he had worked closely with Ngcobo, so he has a good idea of the challenges that lie ahead.
"The two justices also share the passion for some of the key priorities such as the transformation of the judiciary and the promotion of access to justice. They also share the strong belief in the separation of powers and the independence of the judiciary.
"There is no doubt in our minds that Chief Justice Mogoeng will efficiently lead the campaign to continue reducing the backlogs in the courts, so that people do not wait for years before justice is served in promoting access to justice," Zuma told the special sitting.
