Quote of the week
Universal adult suffrage on a common voters roll is one of the foundational values of our entire constitutional order. The achievement of the franchise has historically been important both for the acquisition of the rights of full and effective citizenship by all South Africans regardless of race, and for the accomplishment of an all-embracing nationhood. The universality of the franchise is important not only for nationhood and democracy. The vote of each and every citizen is a badge of dignity and of personhood. Quite literally, it says that everybody counts. In a country of great disparities of wealth and power it declares that whoever we are, whether rich or poor, exalted or disgraced, we all belong to the same democratic South African nation; that our destinies are intertwined in a single interactive polity.
August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3
Either Mr Zuma and his executive are being deliberately obtuse to obscure their real intentions and attitude towards the independence of the judiciary, the doctrine of the separation of powers and the supremacy of the constitution, or the Presidency is in desperate need of advice from an experienced constitutional lawyer. The latter possibility — that Mr Zuma simply does not “get” the constitutional democracy concept and has failed to surround himself with people who do — cannot be excluded, despite the fact that the political party he heads was the primary driver of the process that led to the writing of the constitution. That internationally acclaimed document’s main authors were, and remain, sympathetic towards the freedom struggle and the African National Congress’s (ANC’s) stated goal of transforming SA politically, economically and socially to shed the vestiges of apartheid. There is therefore no shortage of constitutional experts in the tripartite alliance who would be happy to provide guidance on such matters, yet senior party leaders keep making statements that appear to question the core principles on which our democracy is based, and the executive keeps acting in ways that leave the Constitutional Court no choice but to overturn its decisions. – Business Day editorial
