POINT OF ORDER
TIM COHEN: A simmering constitutional crisis
IF YOU were to propose, just as an intellectual exercise, some constitutional amendments that would improve SA’s political system, based on our current predicament, what would they be? This exercise is less than realistic, but actually more than fantasy because, in truth, SA is currently involved in a low-level, unacknowledged constitutional crisis.If you take together a range of crises currently part of SA politics — the Gupta saga, the SABC and now even the fight with the Electoral Commission of SA, among many others — and trace back their origins, it’s possible to see a constitutional root to the problem.Essentially, the Constitution conceives of a balance of powers between the three branches of government, and yet it’s obvious that Parliament is not doing its allotted job. Hence, the third leg of the stool, the judiciary, is unwillingly and unnaturally being called in to do the job that Parliament is supposed to be doing.The reason this is the case is simple, and has been the su...
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Subscribe now to unlock this article.
Support BusinessLIVE’s award-winning journalism for R129 per month (digital access only).
There’s never been a more important time to support independent journalism in SA. Our subscription packages now offer an ad-free experience for readers.
Cancel anytime.
Questions? Email helpdesk@businesslive.co.za or call 0860 52 52 00. Got a subscription voucher? Redeem it now.