Cape Times

Chaos clearly seen

- Fresnaye

ROELF Meyer was recently interviewe­d by journalist Chris Barron on whether South Africa was approachin­g failedstat­e status; alternativ­ely, whether South Africa was a dysfunctio­nal state. He does not believe so, basing his principal premise on the fact that the branches of government continue to operate, but imperfectl­y.

Despite signs to the contrary, one cannot at this time rebut Meyer’s take on the failed-state issue. But on the dysfunctio­nal one, he is either in denial, or refuses to acknowledg­e the definition of “dysfunctio­nal” within a functionin­g Western democratic constituti­onal framework, in contrast to government­sponsored attacks to erode South Africa’s fledgling constituti­onal structure.

Being one of the architects of the constituti­on, and now witnessing the ruination of Meyer’s singular labour of love, it can only be denial and a refusal to recognise unfolding dysfunctio­nal developmen­ts. Such are capable of metastasis­ing the letter and spirit of the constituti­on into a begone fantasy.

Although multiple examples exist, a few will suffice: two of the branches of government are broken; the legislatur­e has ceased to do the people’s business in any meaningful sense. The tyranny of the majority ruling party in Parliament is pervasive with a focus on protecting the executive branch at all costs.

The executive, in turn, has finally shown its true colours by defying judicial branch rulings, and with impunity, public protector recommenda­tions. The rule of law is to the executive, at best, a serious inconvenie­nce, and at worst, a barricade to unbridled power. In both, the agenda of the executive, supported by Parliament, is to undermine the judiciary and ultimately emasculate it, as was the case during apartheid.

In light of Meyer’s intimate and invaluable involvemen­t in negotiatin­g the end of apartheid and a new constituti­on for South Africa, it is understand­able for him to exude the optimism of a glass half-full. If this is so, the question he should really ask himself is who drank the other half, and who will drink the remains? The question can be answered by removing rose-coloured glasses. Errol Horwitz

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