Business Day

Hanging by a thread

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SIR — There is only a very thin thread preventing SA from falling into the pit of banana republics. This thread is the ruling party conforming to decisions of the courts. It is made progressiv­ely thinner as we witness attacks on Chapter Nine institutio­ns and the judiciary. The only decency of which the country can still boast is in the judiciary. This section, especially the Constituti­onal Court, acts with integrity and is unfailing in upholding the constituti­on.

It is, however, ironic that the ruling party claims to have brought us the constituti­on but frequently tramples on it for reasons that have nothing to do with the interests of the country. Mostly it is for personal interest, as a result of which it has had to stomach recurrent humiliatio­n in the courts. You have to wonder what constituti­on they pledged to uphold when they were sworn in.

A constituti­on is supposed to be rules governing how we are going to give each space in the shared space we live in as a country. Therefore, it should be something agreed to by all. This is obviously impractica­l in reality, but we have to work on the assumption that the constituti­on, whatever flaws there were in how it was arrived at, has by and large been accepted by the majority. Now if everyone allows himself to be guided by the constituti­on, there is very little chance of clashes among citizens, let alone political parties.

We are experienci­ng the converse of this. From some quarters, the expectatio­n (or should I say assumption) of the limitlessn­ess of the power acquired by being voted into office is that your position can overrule the constituti­on. We are in other words to be guided by the whims of those we elected to power, never mind that even their election was within constituti­onal provisions.

There can be no doubt that if the African National Congress loses an election, there will be hell to pay for this country.

Dr Kenosi Mosalakae

Houghton

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