Constitutionalism and the translating of South Africa’s Constitutional rights into a lived reality for our people are fundamental to the legacy of Nelson Mandela. Today, however, it is clear that our country’s constitutional democracy is under threat and its political process in crisis.  We see this manifested in: Structural corruption, whose onset in the contemporary phase is largely attributed to the “arms deal”. Since then its tentacles have spread throughout the economy and the public service. Even in the domain of interpersonal relations, it has replaced trustful mutuality with transactional intent, and public interest with self-interest. Recently published scholarly research has demonstrated the emergence of a “shadow state” which undermines fundamentally the integrity and the efficacy of the constitutional state and which thrives on secrecy. This has resulted in a more or less systematic looting of public coffers. Secrecy and malicious intent are denied even as they are expos...

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