Q&A

The Council for the Advancement of the South African Constitution has won a court order firing NPA boss Shaun Abrahams. But still he’s helping President Jacob Zuma avoid accountability. Chris Barron asked LAWSON NAIDOO . . .

If we have the best constitution, why after eight years hasn’t it held our president accountable?

Because it requires organs of state established under the constitution to hold the president to account. The fundamental problem is that parliament has failed to discharge its constitutional responsibilities.

Is that a flaw in the constitution?

I don’t think so. The fact that he’s been held accountable through the courts shows the system works.

So why has he been able to violate the constitution with impunity?

This is a stain on the reputation of parliament.

Shouldn’t the constitution and not parliament be supreme?

The constitution is supreme.

So why can’t the Constitutional Court order parliament to impeach him?

Because it is not a power that is given to the court in terms of the constitution.

Is the constitution fit for purpose, then?

This is a debate we need to have. At the moment the constitution gives the responsibility to parliament to institute impeachment proceedings.

Does that need to be changed?

There is a matter before court at the moment to ask it to issue an order for parliament to institute formal impeachment proceedings.

Meanwhile, he’s ordered new emergency regulations to be drafted. Is this a concern?

We have a functioning democracy and there would appear to be no threat that would justify a state of emergency. So any preparation to that end would be major cause for concern.

These regulations are provided for under the constitution so there’s nothing wrong in principle with them being drafted. The issue is what they might contain . . . But there would be ample scope to challenge the constitutionality and legality of the . . . regulations.

The question that needs to be asked is, Why are these regulations being developed now, 20 years after the act was passed?

Minister Bathabile Dlamini warns that if judges continue to interfere in the executive their hands will be dripping in blood. Is that a threat to the constitution?

It’s a threat to democracy when you undermine an independent judiciary in that manner. There’s a responsibility on the ANC to take action, and on parliament to tell her she is acting outside the mandate of the constitution.

Is she in breach of her oath to uphold the constitution?

Absolutely.

Will you take her to court?

We are exploring our options.

Nkosazana Dlamini-Zuma has also warned judges not to interfere.

It’s a matter of great concern when a public representative makes these comments.

More so as she may be our next president?

Anyone seeking political office should be held to a higher standard of ethics. Any attempt to undermine our constitution must be resisted strongly.