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The leadership of the judiciary is making "every effort" towards transformation in the institution, Chief Justice Arthur Chaskalson said on Wednesday,
Welcoming what he said was a "clarifying statement" by the African National Congress supporting the independence of the judiciary, he said it was "essential to the functioning of our democracy" that this be respected.
"In our constitutional democracy this principle has always been observed," he said.
Chaskalson was reacting to a policy document issued at the weekend by the ANC national executive which said there was a need to transform the "collective mindset" of the judiciary to bring it into line with the aspirations of "the millions who engaged in struggle to liberate our country from white minority domination".
 
In a follow-up statement on Monday, the ANC said it was disappointed by critical opposition and media response to the document, and that it had been misrepresented.
"The statement is neither a 'threat' to judges nor an 'attack' on white judges, as some have claimed," the ANC said in the Monday statement.
Chaskalson said on Wednesday that the ANC document did not refer to "High Court judges" or to "white judges" as some media reports suggested.
"It refers to the 'judiciary' which includes all judicial officers in all courts. Press reports to the contrary are therefore misleading," he said.
He said one of the tasks assigned to the judiciary by the Constitution was to ensure that the rights in it were respected and upheld.
"It is these values clearly articulated as they are in the Constitution which must inform the decisions made by judges. Judgments which are inconsistent with the Constitution are subject to appeal."
There could be no doubt that the Constitution required the transformation of the judiciary, and the need for change was accepted by the great majority of the judiciary and the legal professions.
"Every effort is being made by the leadership of the judiciary and the professions to pursue this goal, and to make the justice system more accessible," he said.
"In view of the debate that has taken place in the media subsequent to the issuing of the statement by the ANC and relating to the question of whether the statement constitutes an attempt to interfere with the independence of the judiciary, I welcome the clarifying statements by the ANC and other political parties emphasising their belief in and support for the independence of the judiciary."
Chaskalson did not comment directly on a section in the ANC policy statement which said many within the judiciary "do not see themselves as being part of these masses, accountable to them, and inspired by their hopes, dreams and value systems". - Sapa
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