Stop shaming us

THE government suffered yet another embarrassing blow on Wednesday when the high court in Pretoria ruled as unconstitutional and invalid the decision to withdraw from the International Criminal Court.

This was hugely embarrassing because government has once again been exposed for disregarding the very constitution that is the cornerstone of our democracy – and South Africa is seen as a shining example of constitutional democracy in our continent.

Due processes were not followed when the hasty move to withdraw from the Rome Statute was made on October 19 – Parliament was not consulted.

While Justice Minister Michael Masutha has insisted that government can still forge ahead with the move, this time following proper procedure and consulting Parliament, the question is why was this not done in the first place?

Was International Relations Minister Maite NkoanaMashabane not aware that she had no authority to sign the notice? This speaks volumes about those tasked with advising her. It could be either ignorance or a blatant disregard for constitutional principles.

What is worrying is that there are so many cases like this – from President Jacob Zuma right down to ministers and MECs – which highlight the total disregard for the constitution. Perhaps it is time we stepped off our high horses and did some introspection.

Where is constitutional democracy, when we continually make decisions that are unconstitutional? Also worrying is the amount of taxpayers’ money wasted in courts to fight those challenging government decisions.

Perhaps if the president and ministers were to carry legal costs, then they would attempt to be meticulous and respect the constitutional guidelines.