CONSTITUTIONAL COMMENTARY AND EVENTS

ARTICLES AND STATEMENTS

ARTICLE: WHAT WILL DEFINE OUR FUTURE

The contagion effect of the Zuma ignominy continues to cut deep across swathes of South Africa’s political and economic society, nevermind the lasting damage to social relations and cohesion in the country.

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STATEMENT: SHAUN ABRAHAMS’ REMOVAL WELCOMED BUT CONCERNS ABOUT THE NPA LINGER

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The FW de Klerk Foundation welcomes today’s majority judgment handed down by the Constitutional Court regarding the position of the National Director of Public Prosecutions (NDPP). It is further testament to the tenacious efforts to ensure the adherence to the Rule of Law by civil society, given that the application before the Court was launched by Corruption Watch, Freedom Under Law (FUL) and CASAC. The judgment, which comes five months after the matter was argued, brings finality to the question of whether Shaun Abrahams is rightfully in the office, given the unlawful departure of his predecessor, Mxolisi Nxasana. 

The strongly-worded judgment in which former President Jacob Zuma is said to have abused his power in the unlawful removal of Nxasana perhaps reflects exasperation on the part of the Judiciary. Yet again, the courts are forced to intervene in a matter involving the abuse of power and political interference in State institutions.

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ARTICLE: DOWN THE RABBIT HOLE OF EWC

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President Ramaphosa’s late night statement of 31 July is now well-read and known. It has been criticised, lauded and discussed in detail. The issue of why the statement was delivered at that time, and whether there was a good reason to do it, despite the Parliamentary review process being ongoing, lies in the realm of political commentary. As a Foundation with a mission of protecting and promoting the Constitution, we must take the statement and its intention on face value and point out what its consequences are and could be. In the Foundation’s statement of 1 August we have already commented on the statement’s unacceptable procedure that undermined the parliamentary process and the independence of the SABC. 

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