JOHANNESBURG - Criticise judgments if you must, but undermining the Constitutional Court threatens the foundation of South Africa's democracy.
That is the view of the South African Human Rights Commission following Minister in the Presidency Khumbudzo Ntshavheni's statement.
During a briefing on immigration by the Inter-Ministerial Committee on Migration, Ntshavheni said: "If the Constitution of South Africa does not prioritise South Africans, South Africans have a right to demand the amendment of that Constitution".
READ | Constitution must protect South Africans first - Ntshavheni
But SAHRC commissioner Tshepo Madlingozi reminded members of the executive, including Cabinet ministers, of their constitutional obligations.
“Their oath of office says they will not only respect the Constitution, but they will actively promote the Constitution,” he said, emphasising that it is not only the Constitutional Court that needs to protect the Constitution.
Madlingozi stressed that South Africa is a Constitutional democracy and that rulings by the courts must be respected.
“If we don't do so, we are on our way to a very dangerous slippery slope.”
He said people, including members of government, are free to criticise the judiciary, but must be careful.
“Any of us can call for the amendment of the Constitution. But what is important is [asking whether] when we do so, are we doing so because we are not happy with the Constitutional Court judgment, or are we doing so because we think that it conflicts with other prescripts? So let's criticise, but let's not do so in a way that might encourage members of the public to ignore Constitutional Court rulings.