CONSTITUTIONAL COURT CHIEF JUSTICE MANDISA MAYA TO CONDEMN ATTACKS ON THE JUDICIARY BY US AMBASSADOR LEO BRENT BOZELL III
CHANON LECODEY MERRICKS ONLINE_EDITOR
The Economic Freedom Fighters (EFF) calls on Constitutional Court Chief Justice
Mandisa Maya to condemn the attacks on the South African judiciary by newly
appointed US Ambassador to South Africa, Leo Brent Bozell III.
Bozell has joined an irresponsible right-wing chorus in South Africa which has
undermined judgements by the Equality Court, the Supreme Court of Appeals and the
Constitutional Court which have found and affirmed that the liberation chant “Kill The
Boer, Kill The Farmer” constitutes free speech. It was these courts that affirmed that
the chant should not be interpreted literally, and forms part of the tradition and history
of struggle against oppression in our country.
It is therefore dangerous that right-wing racist groups in South Africa continue to
undermine our judiciary by questioning and lobbying foreign governments on a judicial
matter, which the highest court in our land has made a determination on. It is even
more dangerous when the talking-points of these fringe and Boeremag associations
are adopted by a senior diplomat and Ambassador to our country from the USA.
Bozell’s comments are a direct insult to South Africa’s judicial system, and constitute
a concerning precedent of a foreign nation disregarding the integrity and standing of
our courts. It is only following the EFF highlighting that Bozell has undermined our
judiciary, that he saw it fit to issue a communication stating that he made his
disrespectful comments against our judiciary in his personal capacity.
The EFF dismisses this with the contempt it deserves, because Bozell spoke at length
about how he was expressing the supposed impatience of the Donald Trump
administration with South Africa, regarding their numerous requests to South Africa
that undermine our sovereignty. Bozell spoke about the USA’s requests for legislative
changes and a shift in foreign policy in South Africa, when he made the comment that
he does not care what our courts determination was in relation to “Kill The Boer, Kill
The Farmer”.
In light of the context in which he made his comments, wherein he threatened
disinvestment from South Africa should the US’s requests not be adhered to, the EFF
calls on Chief Justice Mandisa Maya to speak clearly in defence of our judiciary
against coercion and threats by a foreign government through its most senior diplomat.
If the US Ambassador is not called into order for aligning threats of disinvestment with
a disregard of our courts and legislation, this raises a concern on whether this method
of coercion will not be used to intimidate our courts and judges into making rulings that
align with the domestic and foreign policy demands of the USA.
The Chief Justice therefore has a duty to reaffirm the independence of our judiciary.
The EFF maintains that our judiciary and its judgements are not beyond reproach, and
where necessary, as is the case with the delayed handing down of the Phala Phala
judgement, criticisms that address the Norms and Standards of the court must be
raised.
This in no way, however, suggests that a foreign government can declare its lack of
respect for our institutions, as it pursues its own policy objectives in our country. We
reiterate that Bozell’s conduct warrants his immediate expulsion and his declaration
as persona non grata in South Africa.
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