STEVEN FRIEDMAN: Constitution cannot be conveniently co-opted
Those bemoaning the lack of action against state-capture agents forget how democracy works
The constitution is meant to be important all the time, not only when it is politically convenient. This seemingly obvious point has been missed by many who comment on corruption. A constant complaint, heightened last week when charges against former president Jacob Zuma’s son, Duduzane, were provisionally withdrawn, is that no-one implicated in state capture has ended up in prison. But the reason for this is ignored: no-one has been convicted yet because the authorities are doing what, during Zuma’s term, many who are angry at corruption demanded they do: respect the law and the constitution. When Zuma was in office he was urged by many to accept the findings on state capture of then public protector Thuli Madonsela. They argued that the protector’s rulings were binding on government, and the constitutional court agreed. The government’s current response is making the court’s ruling a reality by implementing Madonsela’s key recommendation. In her report on state capture, Madonsela ...
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