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10 DECEMBER 1994
TO: THE CONSTITUTIONAL ASSEMBLY
OUR CONSTITUTION
(ACT 200 OF 1993) DOES NOT SAY A THING ABOUT THE MOST IMPORTANT ASPECTS OF
PUBLIC POWER AND ITS EXERCISE. IN GENERAL,THE
COMPOSITION,APPOINTMENT,POWERS
AND ACCOUNTABILITY OF THE ADMINISTRATIVE BRANCH ARE NOT REGULATED BY THE
CONSTITUTION.
IN ORDER TO BRING PUBLIC ADMINISTRATION CLOSER TO THE
GENERAL PUBLIC OF THE REPUBLIC AND TO ENSURE EFFECTIVE ORIENTATION OF STATE
ADMINISTRATION (IN PARTICULAR,THE PUBLIC SERVICE) THE FOLLOWING FACTORS HAVE TO
BE CONSIDERED:
-THE CONSTITUTION SHOULD PROVIDE LEGAL CONTROLS OVER
STATE
POWER. ACTS OF PUBLIC BODIES SHOULD BE REVIEW WHERE THERE IS AN
ILLEGALITY OR STATE BODIES.
-THE CONSTITUTION SHOULD ALLOW VARIOUS PUBLIC
SERVICE TO MAKE RECOMMENDATIONS TO BE ADHERED TO BY SUCH OTHER
PUBLIC
SUBJECTED TO JUDICIAL GROSS IRREGULARITY BY
DEPARTMENTS
WITHIN THE AS TO MINIMUM STANDARDS DEPARTMENTS.
THIS CAN BE ACHIEVED BY A
PROCESS OF CHECKS AND BALANCES,ACCORDING TO WHICH EACH DEPARTMENT\ BRANCH SHOULD
BE SUBJECT TO SOME INFLUENCE
AND CONTROL FROM THE OTHERS IN THIS WAY NONE CAN
ACT INDEPENDENTLY, BUT REQUIRES THE GUIDANCE OF THE OTHER(S).
STRIKES BY
THE CIVIL SERVANTS
IT IS A KNOWN FACTOR THAT ANY MINUTE THAT IS WASTED BY
A ONE EMPLOYER HAS SERIOUS EFFECTS ON THE ECONOMY OF THE COUNTRY. OUR COUNTRY
HAS BEEN CHARACTERISED BY STRIKES FROM THE CIVIL SERVICE.THESE STRIKES WERE\ ARE
CAUSED MAINLY BY A DEMAND FOR A "LIVING WAGE',.
OUR CONSTITUTION IN ART 27 (4)
GUARANTEES THE WORKERS RIGHT TO STRIKE FOR THE PURPOSE OF COLLECTIVE
BARGAINING.ALTHOUGH I ACKNOWLEDGE
THE EXISTENCE OF THIS RIGHT,I HOWEVER WOULD
NOT MIND IF THE CONSTITUTION LIMITS THIS RIGHT TO A CERTAIN EXTENT (ESPECIALLY
WITHIN
THE CIVIL SERVICE) OTHER METHODS OF ARBITRATION SHOULD BE APPLIED. WE
CANNOT ALWAYS RELY ON STRIKES TO SETTLE OUR DISPUTES. STRIKES
SHOULD AT LEAST
BE THE LAST RESORT. ON THE OTHER HAND THE MINISTRY FOR THE PUBLIC SERVICE AND
ADMINISTRATION MUST TRANSFORM THE
PUBLIC SERVICES THIS IS ONE OF THE FUNDAMENTAL
CAUSE OF STRIKES.
JUDGES AND MAGISTRATES
IN ORDER TO ADVANCE THE
PRINCIPLE OF THE INDEPENDENCE OF THE JUDICIARY,THE CONSTITUTION MUST ENSURE THAT
INDIVIDUAL MEMBERS OF THE
JUDICIARY SHOULD BE INSULATED FROM EXTERNAL FACTORS
BOTH NEGATIVE AND POSITIVE WHICH MIGHT INFLUENCE THEM IN
DECIDING
CASES.
ALTHOUGH ARTICLE 104(2)OF THE CONSTITUTION PROVIDES
THAT A JUDGES RENUMERATION SHALL NOT BE REDUCED DURING OFFICE, THE CONSTITUTION
IS SILENT ON THE TAXATION OF JUDGES SALARIES IF WE ALLOW THEIR SALARIES TO BE
TAXED,THEN THAT WOULD BE A REDUCTION OF SALARIES PER
SE. THIS WOULD THEN MAKE
JUDGES AND MAGISTRATES TO ACCEPT BRIBES FROM CONTESTANTS\ LITIGANTS, (A THING
THAT WOULD IMPAIR A PROPER
ADMINISTRATION OF
JUSTICE).
FROM
A.SIBANYONI
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