Criticism of judiciary 'should be fair'

He believes the current debate on whether the judiciary is intruding or over-reaching into branches of government reflects tensions between political arms and the judiciary. 

Ngcobo says constructive criticism makes the courts aware of their impact on society but the challenge is to manage debates within the bounds of reason.

''The present debate is fundamentally about where to draw the line between a legitimate exercise by our courts of their judicial functions and the impermissible judicial intrusion into the domain of other branches of government. 

''This is a debate which is common in any democracy. The task of determining where to draw the line is a notoriously complex matter,'' he said.

Ngcobo had been speaking at eThekwini's Living Legends Awards in Durban at the weekend. President Zuma and Chief Justice Mogoeng Mogoeng met at the Union Buildings in Pretoria last week.

The executive and the judiciary outlined 10 commitments to adhere to in respecting each other's autonomy.  

(File photo: Gallo Images)