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President Cyril Ramaphosa. Picture: ALAISTER RUSSELL/SUNDAY TIMES
President Cyril Ramaphosa. Picture: ALAISTER RUSSELL/SUNDAY TIMES

In a functioning constitutional democracy under the rule of law, when a member of the national cabinet unapologetically commits contempt of court and scandalises the majority of the judges for their “lickspittle colonised minds” and “house negro” characteristics, while she rubbishes the constitution and the rule of law, consequences flow swiftly and surely. Criminal proceedings are initiated and the head of state, who also leads the national executive, at whose pleasure she serves, dismisses her on the turn.

That neither of these fates is yet in prospect for Lindiwe Sisulu, speaks to the dysfunction of, and lack of integrity in our democracy in SA. Due to the “democratic centralism” (a term not found in the constitution) of the ANC, and because it deploys its loyal cadres in accordance with the wishes of various cadre deployment committees, which gather in smoke-filled back rooms at Luthuli House, Sisulu has yet to become unemployed and to sit in the dock in a criminal court. The ANC has “processes”, which involve the cadre deployment committee (which can “undeploy” as well as deploy) and also its integrity committee, which is in place to protect the ANC’s reputation.

That union federation Cosatu, an alliance partner, has quite rightly resoundingly repudiated the stance taken by Sisulu is a serious complicating factor. In effect, Sisulu has turned the ANC into a three-act clown show. One act is loyal to the constitution, another seeks, like “mission impossible”, to reconcile the constitution with the “national democratic revolution” (NDR) and Sisulu seeks to nurture the new third part act with her constitutional heresies. It has undivided loyalty to the revolution and acknowledges its incompatibility with the supreme law of the land and the principles of the rule of law.

The president is in the group that fondly imagines that the NDR and constitution are compatible. He is in for a rude awakening and will have to choose either the revolutionary or the constitutional path. Here’s hoping he chooses the constitution and not the revolution. Sisulu’s revolutionaries could not organise a bachelor party in a brewery.

Paul Hoffman, SC
Director, Accountability Now

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