During the liberation struggle, there was a high price paid for South Africa to achieve its Constitutional democracy, but when the governing party that led us to that democracy wishes it could govern as the former oppressor did, we start to enter dangerous territory.
The ANC has been challenged in court on so many occasions by civil society and opposition parties that it would be a tedious exercise to list all the cases here but what often emerges when the governing party loses its bid is a bemoaning of the constitution and the courts, which are accused of blocking transformation policies.
Such was the case this week when lobby group Afriforum successfully got an emergency interdict to halt SA’s R50 million donation to Cuba. Former cabinet minister and liar under oath, Malusi Gigaba began pointing fingers at the group and in a social media comment said: “We’ve delegated governing to the white ruling bloc. We are busy dealing with one another at their behest while they’re gradually snatching power right from our hands.”
Then ANC KwaZulu-Natal chairperson Sihle Zikalala decided to say out loud what many within the ANC have been saying and called for a transition away from a constitutional democracy to a parliamentary one where the governing party gets to do just what it likes.
Qaanitah Hunter writes that the ANC government doesn’t care about the facts of a court case and view the Constitution and our democracy as a stumbling block to enacting the transformation agenda.
“They want to govern with impunity, and the courts don’t allow it.”
Hunter pens that it is without irony that the parliamentary democracy that Zikalala and others are yearning for is no different to the way the National Party governed under apartheid.
Marianne Merten shares Hunter’s sentiment.
“It must grate those who want to do as they wish — from legislation to procurement and more — without challenge.
“The courts have called out shoddy lawmaking, corners cut in governance. And that’s how it must be in a constitutional democracy like South Africa.
“The separation of powers means that when the executive fails to do its job and Parliament fails to provide the necessary oversight and checks and balances, the courts are approachable.”
It’s easy to look for the quick fix and govern without any impediment but turning towards your former oppressor as an example of how you’d like for things to be run is not the key to solving governance blunders.
Here’s a roundup of interesting opinions, analyses, and editorials:
Look Up! There’s a political asteroid heading our way – Daily Maverick
Chaos among ANC women, youth and veterans is a mere subset of the party’s pre-conference mess – Daily Maverick
EDITORIAL: Naspers’ tie-up with Tencent is a volatile bet – Business Day (register to read)
IN-DEPTH | ‘Enforcing mask-wearing indoors likely has little benefit’ – expert – News24 (for subscribers)
SA edging closer to a failed state status – The Citizen (for subscribers)
China plane crash sparked concern but SA’s aviation reputation is safe – The Citizen (for subscribers)
ROB ROSE: How Comair made a bad situation worse – Financial Mail (for subscribers)