Q&A
YOUR QUESTIONS ANSWERED: THE SOUTH AFRICAN CONSTITUTION Published in 1996, the South African Constitution is the bedrock of South Africa’s democracy, as it sets the tone of who we are, and how we want our society to function. As a legal document, its content can often be misinterpreted. Constitutional expert, Professor Cathi Albertyn, answers some questions on the Constitution. CHANTÉ SCHATZ
HOW HAS THE CONSTITUTION HELPED TO SHAPE SOUTH AFRICA'S POLITICAL LANDSCAPE?
Constitutions typically set out the institutions, rules and principles that organise power and decision-making within a state and identify the rights and duties that govern the relationship between the state and its people. The Constitution of the Republic of South Africa establishes a constitutional democracy where a representative parliament and an independent judiciary are important features of our political landscape. A commitment to a universal franchise, regular elections and a multiparty democracy, based on proportional representation, means that Parliament is representative of multiple parties. Critically, an independent judiciary is authorised to interpret and enforce the Constitution which means that courts play a central role in holding the exercise of public power to account. People can go to court to vindicate their rights – from the right to vote,
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to rights to non-discrimination, socioeconomic rights to housing, healthcare, water, social assistance and education. Courts can hold Parliament, the Executive and public officials to account, which means that the courts play a significant role in the fight against impunity and corruption. Various political battles have spilled over into the courts, including faction-fighting within the ANC as well as highly publicised litigation around President Zuma and those associated with state capture. Sometimes referred as lawfare, this means that the courts are used multiple times to delay accountability in what is often called the ‘Stalingrad strategy’.
HOW DOES THE CONSTITUTION ENSURE ACCOUNTABILITY AND TRANSPARENCY IN GOVERNMENT?
The establishment of an accountable, responsive and open government is a cornerstone of our democracy. Parliament, the