Justice Yacoob's Political Affiliation Raises Impartiality Concerns in Role at Constitutional Court

The judiciary, by constitutionally defined nature, is supposed to be the bedrock of impartiality in a democracy, ensuring the application of law without bias and immune to political sway. This concept of judicial impartiality in South Africa is now under scrutiny with retired Justice Zak Yacoob's re-entry into an advisory role within the judiciary. The recent concerns have brought to light questions surrounding the influence of political affiliations on judicial integrity.

Justice Yacoob, known for strong political connections and factional stands, was appointed to assist with reviewing appeal cases in the Constitutional Court, a role intended as support due to the Court's heavy workload. Clarifications from the Office of the Chief Justice present his position as one focused solely on drafting memorandums for new applications, with the justices in charge ultimately responsible for final reviews.

However, his political affiliations raise red flags about the possibility of maintaining objectivity in his advisory capacity. His involvement with the #SaveSA campaign and his championship of Minister Pravin Gordhan, coupled with his criticism of former President Jacob Zuma, have been cited as evidence of a judge whose leanings appear political rather than judicial.

Detailed reports from news outlets, such as the Sunday World and the Sunday Independent, underscore Justice Yacoob’s foray into ANC party politics, directly challenging the expected neutrality of a judiciary figure. His engagement in contentious political issues, such as the party's 'step-aside' rule, and his direct contact with key ANC members like Mathews Phosa over legal opinions showcase the precarious balance between his judicial position and political activism.

These concerns are not unfounded, as historical instances of judicial figures displaying bias have resulted in action by the Judicial Conduct Committee, reminding of the need for the judiciary to steer clear of any form of political engagement.

The Constitutional Court, being the highest court in South Africa, is tasked with upholding the Constitution and ensuring justice is served impartially. The implications of Justice Yacoob’s continued involvement raise questions about the transparency of the Court's decisions and the avenues through which retired justices can contribute without compromising the Court's integrity.

In light of these concerns, it seems prudent for the Constitutional Court to reconsider the appointment of Justice Yacoob. Such a move could serve as a reaffirmation of the South African judiciary's commitment to remaining a true bastion of independence and fairness.