ABUSE OF POWER
Courts and Constitution plug the gap left by lack of political accountability
State capture report’s recommendation of a commission of inquiry will throw up interesting legal challenges, writes Firoz Cachalia
Some years ago I brought back from Siena copies of two famous frescoes painted by Lorenzetti depicting good and bad government. The first shows idyllic scenes of virtuous rulers, happy citizens and a prosperous society; the second shows dystopian scenes of selfish rule, injustice and famine, thus drawing a connection between benign government and the common good. Modern democracies are as vulnerable to the abuse of power as was medieval Italy. Therefore, one of the main challenges confronting those who design democratic institutions is to inscribe ways to facilitate the exercise of good power and curtail bad power. How did those who drafted our Constitution respond to this imperative? In 1992, Judge Albie Sachs, who played a prominent role in the constitution-making process, said in a public lecture: "Constitutions both express and tame power. They are built not on trust but on mistrust, and not just of the other side but of ourselves." These words have proved to be prophetic. Our e...
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