Judge President Kirby�s interpretation, fact or fiction?

I almost fell on my frail back when I read Judge President Ian Kirby’s reported speech……..denying the independence of the two arms of government, the Executive and the Legislature and only recognising the independence of the judiciary where he plies his trade.

I may be blank in the law, but I pride myself in the smattering knowledge of political science, which has indoctrinated me in the theory of the separation of powers between the three arms of government. The concept comes from the Frenchman, Montesquieu, through his book the ‘Spirit of the Laws.’ The concept became entrenched in the United States (US) constitution as a core democratic and constitutional principle. Hamilton and Madison, two of some of the Americans who drafted the US constitution, were fascinated by the device of ‘checks and balances’ implied in the theory propounded by Montesquieu. Madison wrote: “It may be a reflection on human nature that such device should be necessary to control the abuses of Government. But what is Government itself, but the greatest of all reflections on human nature? If men were angels, no Government would be necessary. If angels were to Govern, neither internal controls on Government would be necessary. In framing a Government which is to be administered by men over men, the great difficulty lies in this: You must first enable the Government to control the governed; and in the next place oblige it to control itself.”

Prevention of abuse of power is the motive force, the raison d’etre of ‘checks and balances/separation of powers/independence of arms of Government.’ Democracy, a popular form of modern Government, revolves on the axis of checks and balances. Democratic constitutions reflect this theory entrenched in practice by the three separate organs of Government, independent of one another, but interdependent. The three are vital cogs in the Government they all serve. The RSA constitution, one of the most, if not the most progressive constitution of our times, tops up with Chapter Nine Institutions, deliberately crafted to monitor and prevent abuse of power by any Government  organ. Checks and balances of democratic dispensation should be observed and jealously guarded. Separation of powers is the kernel of democracy however imagined, defined or practised. The British constitution, the oldest in the democratic field, hasn’t got the ‘separation of powers’ in black and white on its pages, since it’s unwritten! The system of democracy outlined as ‘King/Queen in Parliament,’ highlighting monarchy in the terms: “Head of the Executive, head of Parliament, head of the Judiciary, head of the Church and the Commander-in-Chief of the Armed Forces,” sounds  monarchical and dictatorial. In actual fact, the Queen is a mere ceremonial head, while the practice of checks and balances is alive and much in vogue.

Editor's Comment
Congratulations Anicia Gaothuse!

The contest had 10 beautiful young girls as finalists and unfortunately only one could wear the crown.The judges picked Anicia Gaothuse. To all those who feel their contestant should have won ahead of Anicia for whatever reason, hardly; the judges found Anicia to be the best among the best, so desist from disrespecting our newly crowned queen on social media or anywhere else, for that matter! Each of the 10 beautiful young women had supporters...

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