Civil society will litigate to invalidate any change that violates the founding document
13 April 2025 - 13:47
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The government of national unity. Picture: PHANDO JIKELO
The talk of a “reset” for the 10-party coalition that has governed in SA since the election in May 2024 has to be seen within the context of the constitution, which prescribes that any conduct that is inconsistent with the constitution is invalid.
It would be invalid to effect a “reset” that is not aligned to the form of constitutional democracy under the rule of law envisaged in the constitution. Those involved in the collision in the coalition would do well to bear in mind that civil society stands ready to engage in public interest litigation to invalidate any “reset” that paints outside the bright lines of the founding document of the new SA.
The debacle about the proposed fiscal framework would have been avoided had the cabinet truly demonstrated collective accountability and responsibility, as required by the constitution. Differences over the work done by the minister of finance within his ANC “silo” before the presentation of his plans to parliament could have been ironed out in the cabinet first.
The ANC’s pursuit of revolutionary goals during the past 30 years has brought SA to a state of indebtedness and disorder. A revolution destroys the old order and replaces it. A transformation works on improving what is inherited from the old order. SA opted for a transformative new order in 1994, not a revolutionary one.
Yet the ANC persists in its national democratic revolution, which has created high levels of debt and has worsened inequality to the extent that SA is now the world’s most unequal country. Everyone who is not corrupt stands to benefit from governance that pays closer attention to constitutional principles.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
LETTER: GNU reset must be constitutional
Civil society will litigate to invalidate any change that violates the founding document
The talk of a “reset” for the 10-party coalition that has governed in SA since the election in May 2024 has to be seen within the context of the constitution, which prescribes that any conduct that is inconsistent with the constitution is invalid.
It would be invalid to effect a “reset” that is not aligned to the form of constitutional democracy under the rule of law envisaged in the constitution. Those involved in the collision in the coalition would do well to bear in mind that civil society stands ready to engage in public interest litigation to invalidate any “reset” that paints outside the bright lines of the founding document of the new SA.
The debacle about the proposed fiscal framework would have been avoided had the cabinet truly demonstrated collective accountability and responsibility, as required by the constitution. Differences over the work done by the minister of finance within his ANC “silo” before the presentation of his plans to parliament could have been ironed out in the cabinet first.
The ANC’s pursuit of revolutionary goals during the past 30 years has brought SA to a state of indebtedness and disorder. A revolution destroys the old order and replaces it. A transformation works on improving what is inherited from the old order. SA opted for a transformative new order in 1994, not a revolutionary one.
Yet the ANC persists in its national democratic revolution, which has created high levels of debt and has worsened inequality to the extent that SA is now the world’s most unequal country. Everyone who is not corrupt stands to benefit from governance that pays closer attention to constitutional principles.
Paul Hoffman SC
Director, Accountability Now
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