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Constitutional democracy is not serving South Africans, says KwaZulu-Natal premier Sihle Zikalala. Instead, it is impeding transformation. The ANC should debate throwing it over and substituting it for parliamentary democracy, he opines.

Zikalala points to a Constitutional Court decision setting aside procurement regulations to justify his views. The difficulty for him is that the judgment finds that the regulations are invalid on the basis that the finance minister had no legal authority to promulgate them under the Procurement Act. But this determination — a striking down because government conduct is not sourced in law — is one that may be made by courts whether operating under a system of constitutional democracy or parliamentary democracy...

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