A constitution determines the framework and rules within which a constitutional dispensation ought to function. In South Africa’s case, the Constitution is much vaunted, some even say that it is the best in the world. The truth is, however, that our Constitution must be measured against the ANC government’s violations over the past 25 years, which render it little more than a worthless document in practice.
All the problems currently faced by the country were caused by the government within the very framework, and despite the various provisions, of the Constitution.
In fact, it seems that South Africa’s Constitution is two documents rolled into one. The one encapsulates the best international prescripts for a good, modern government. That is the good part.
Each of these provisions are, however, accompanied by a qualification aimed at redressing the so-called injustices of the past and these qualifications eclipse the good part in all respects. That is the other part.
One such an example is Section 217, which deals with procurement. It stipulates that procurement must take place in accordance with the internationally accepted norms of being fair, equitable, transparent, competitive and cost-effective. But, of course, it is subject to the qualification of redress.
It has paved the way for all the corruption and state capture that have ravaged the country over the past 25 years – as has now been revealed to the Zondo Commission.
Section 55 deals with the powers of Parliament and Section 92 determines the accountability of the executive authority as well as the Members of the Cabinet, collectively and individually, to Parliament. This raises the question of how many ministers from the ruling party resigned voluntarily over the past 25 years because they accepted responsibility for irregularities?
The answer is none. Not a single one.
Mention must be made of expropriation without compensation. In other words, the confiscation of property. People must be under no illusion; it is the property of white people that will be targeted. This is despite all the fundamental provisions in the Constitution about the supremacy of the Constitution and the law.
There is no other country in the world, which has a modern Constitution, that makes provision for the expropriation of a certain part of its population’s property without compensation based on race.
The Constitution is supposed to unify South Africans. It does not. True democracy is not only having the right to vote, but also that the rights of minorities are protected and promoted.
After 25 years, there is no reason to celebrate South Africa’s Constitution. The ANC’s corruption, incompetence and oppression of minorities within the framework of the country’s Constitution has made it impossible.
It will inevitably lead to the fall of the ANC as government. And it is not a question of if, but when. The Constitution will not be able to save the ANC then.
Read the original article in Afrikaans by Dr Corné Mulder on FF Plus
