20110615
Reuters
CAPE TOWN (Reuters) - The decision by President Jacob Zuma to extend the term of South Africa's top judge is being challenged in court, a legal body and an NGO said on Wednesday.

Opposition politicians and investors are concerned about creeping anti-democratic tendencies, including state-led moves aimed at stifling the media by enacting secrecy laws in Africa's largest economy.

Earlier this month, Zuma extended the term of Chief Justice Sandile Ngcobo for five years. His term as a Constitutional Court judge had been due to end in August 2011.

The court application, lodged by the Council for the Advancement of the Constitution (CASAC) and the Centre for Applied Legal Studies, challenges the legality of Zuma's decision.

The organisations say Zuma did not adhere to constitutional requirements before making his decision. For example, he bypassed parliament, required by law to decide on extensions.

"This (decision) infringes upon the principle of the separation of powers, the rule of law and the independence of the judiciary that are the very cornerstones of our constitutional architecture," Sipho Pityana, CASAC chairman, said in a statement.

Pityana said the unilateral appointment of the judge by the head of the executive could lead to suspicion that the appointee was beholden to the person with the power to appoint.

The application did not intend to impugn the integrity of Ngcobo, but rather to seek clarity on a constitutional principle, they said.