Mbeki above the courts

YAWN.

The U.S. government has asked a San Francisco federal district court to dismiss the lawsuit filed against AT&T by the Electronic Frontier Foundation on the grounds of security concerns
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As you can see not only in Africa Moederloos .... perhaps you should read up a bit more on such issues before making silly embarrassing statements.
 
Well, I don't know where you dragged that quote from, Tibby (looks to be an ENTIRELY different issue), but I agree with Mbeki.

The judicial and executive branches of government are SUPPOSED to be seperate. If the president suddenly has to check with the court for all of the positions he fills (or doesn't fill, or opens up), then that puts a dangerous amount of power in the hands of the judiciary.

The title of the article is ENTIRELY misleading. There's seperation of powers in any real democracy, and for Mbeki to claim that the seperation should remain in this instance doesn't put him ABOVE the courts, it merely re-affirms the seperateness of the executive from the judiciary.
 
OK, TB logic = It happens in America, so don't talk about it in Africa.

Despite the fact that in America and most other civilized countries, it becomes a media frenzy and gets investigated to death and brought up at every Q&A with the media. They hound the perpetrators of scandals until they go ...

Mbeki & his cronies escape by never doing proper interviews. How African!
 
So even if the Constitutional Court finds that the president/or any other executive in power is acting outside of the constitution, the court can not do anything about it, because the 3 braches of government are seperate?
 
Xarog said:
Well, I don't know where you dragged that quote from, Tibby (looks to be an ENTIRELY different issue), but I agree with Mbeki.
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Where does it end? So if Mbeki decides to have you arrested or even worse, just shoots you, he has nothing to worry about? Everyone should have the right to question the actions of the government (Mbeki included). The courts can look at individual cases and decide which ones are a matter for National Security etc. The rule of law in the country goes ultimately to the Constitutional Court and not the government. Have it the other way and you will end up with a banana republic where there are two sets of rules, those for the politicians in power and those for the rest.

This quote says it all:

“However, more importantly, the … political appropriateness of certain conduct of the [president] in his official capacity are matters which courts are ill-equipped to consider.”
 
tibby.dude said:
YAWN.

As you can see not only in Africa Moederloos .... perhaps you should read up a bit more on such issues before making silly embarrassing statements.
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There have been cases like that which have been thrown out in the US and others where the government has had it's way. The court gets to decide which when to allow the government to get away with it and when not to. It's not a blanket ruling that says when the government decides, they can push whatever they want through.
 
Let me just add that in this case I would support the governments position that it would be a matter of national security regarding who is in charge of the NIA. I just feel that this should not be a blanket situation which Mbeki's comments seem to infer. It's like the government don't have confidence in the courts to rule when it is appropriate for them to interfere.
 
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