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South Africa’s Constitutional Court at 30: a solid foundation but cracks are showing

South Africa’s Constitutional Court at 30: a solid foundation but cracks are showing

SOUTH Africa’s Constitutional Court stands out as one of the few government institutions that have protected and advanced the constitutional vision of a participatory democracy and social justice. Many other government institutions which ought to have allied themselves with the court have been weakened or have failed to deliver. The court has consistently championed one of the fundamental values to be found in section 1 of the Constitution, 1996. This requires that the exercise of public power be accountable, responsive and open. Despite this, but also because of it, the court faces challenges from outside and from within. The duty…
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The thorny issue of ‘race’ in South African politics: why it endures almost 30 years after apartheid ended

The thorny issue of ‘race’ in South African politics: why it endures almost 30 years after apartheid ended

“RACE” continues to have much political salience in South Africa, a country where, in the past, perceived differences of skin colour were used to construct a hierarchy of “races”, with whites at the top, to justify their political economic domination. The move to constitutional democracy in 1994 committed the country to non-racialism. However, almost three decades after the end of apartheid, politicians of different stripes continue to use “race” as a wedge issue to mobilise support. ROGER SOUTHALL, Professor of Sociology, University of the Witwatersrand The question is why. Two answers stand out. The first is that racial oppression has…
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The effectiveness of the legislature in advancing constitutional democracy

The effectiveness of the legislature in advancing constitutional democracy

THERE is a growing perception that the capacity of the South African state to govern the country effectively has been declining steadily and progressively in recent years. As the third component of the state, alongside the executive and the judiciary, the legislature cannot escape this assessment. MOSIBUDI MANGENA Despite this perception, it is also true that the South African state is not yet broken. It might be inching in that direction, but it is certainly not yet there. Elections have been held regularly and on time, removing any doubt as to the legality of those sitting in parliament and making…
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Chaos in South Africa points to failures in the project to build a democracy

Chaos in South Africa points to failures in the project to build a democracy

THE spate of violence that’s engulfed South Africa shows that not all citizens have internalised constitutional democracy and the rule of law as the organising principle of the post-apartheid society. MASHUPYE HERBERT MASERUMULE, Professor of Public Affairs, Tshwane University of Technology Various interventions to institutionalise democracy were more focused on policy interventions and institution-building to safeguard it, but not on ensuring that it was embraced by the entirety of society, appreciating it as the basis of its evolution. The violence started in KwaZulu-Natal following the imprisonment of the former president Jacob Zuma to serve a 15-month sentence for contempt of…
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