Close This website uses modern features that are not supported by your browser. Click here for more information.
Please upgrade to a modern browser to view this website properly. Google Chrome Mozilla Firefox Opera Safari
your legal news hub
Sub Menu
Search

Search

Filter
Filter
Filter
A A A

SA a candidate for constitutional delinquency

Publish date: 12 January 2021
Issue Number: 904
Diary: IBA Legalbrief Africa
Category: Corruption

If a ‘narcissistic autocrat’ like Donald Trump can so threaten the stability of a constitutional system that has endured for more than 200 years, it means SA’s model of constitutional democracy is fragile – and much more so in the case of a country that has been ruled under this model for no more than 26 years. The anonymous legal expert, Professor Balthazar, says the rise of fascist politics into the mainstream in many countries has much to do with increasing levels of inequality and governmental disregard for the citizenry, ‘save for the short period leading up to an election’. In his analysis on the Daily Maverick site, Balthazar points out that with less than 40% of SA’s working population being permanently employed and with vast parts of the country being governed by corrupt and/or inefficient and uncaring local government, the conditions for a significant turn to populism are ‘extremely favourable’. ‘For many, the continued rule under the Disaster Management Act plays into the hands of those in government who are instinctively autocratic and disinterested in accountable democratic government.’ Balthazar says some highly-educated professionals and lawyers in SA employ their skills to ‘assail’ institutions that were designed to keep the country constitutionally honest. ‘We have emerged from a decade when constitutional institutions were shaped to ensure loyalty to the leader. Not all institutions are yet free from this behaviour and even the most cursory read of social media shows the tenacious defence that is articulated in favour of the architects of state capture.’ He adds South Africans should worry when they look at the ‘parlous’ state of democracy in the US. ‘Political movements that will exploit the immiseration of the many for their own political advantage, and social media that either justifies this form of politics or defends those who were central to state capture and thus the plunder of precious public funds desperately required to transform the lives of millions – and the almost total absence of a coherent economic policy to vindicate the vision of the Constitution – makes the country a first-class candidate for widespread constitutional delinquency.’

Full analysis on the Daily Maverick site

We use cookies to give you a personalised experience that suits your online behaviour on our websites. Otherwise, you may click here to learn more, or learn how to block or disable cookies. Disabling cookies might cause you to experience difficulties on our website as some functionality relies on cookie information. You can change your mind at any time by visiting “Cookie Preferences”. Any personal data about you will be used as described in our Privacy Policy.