We are incessantly told that we have "the best constitution in the world". The events of the past few years, and particularly those playing out at present, are evidence that this claim is unfounded. When the Constitution was crafted all those years ago, the drafters, although building in checks and balances to limit excessive executive power through the creation of chapter 9 institutions, failed to make adequate provision for an eventuality that they obviously had no idea would ever occur — the president of the republic going rogue. It has two fatal flaws, both of which have encouraged a vast patronage network to develop and, in turn, led directly to the malaise we now find ourselves in. The first is the electoral system whereby elected representatives are beholden to the party they represent, rather than to the voters who put them there. This will, for the umpteenth time, result in ANC members closing ranks around the president to shield him from censure, thus rendering the mooted ...
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