A new dawn for the South African constitution

Apr 28, 2016 by

by Gavin Mitchell, CEN:

Post-Apartheid South Africa, after the five years of the leadership of Nelson Mandela (1994-1999), seemed to have had a bumpy ride on a sea of corruption and nepotism.  Church leaders, who played a leading role in the changes in the country, began to complain of gravy trains. Since 2008 they have increasingly complained of corruption during the presidency of Jacob Zuma who was elected by Parliament in 2009. This climate of corruption has continued until President Zuma himself was implicated in the use of 240  million Rand (£12 million) of public funds for his personal dwelling.

This has caused disruptions in parliament. Members of the opposition were forcibly evicted during sessions in 2015. The South African Council of Churches (SACC) and other Christian leaders  have called for an end to this gross corruption and patronage. They took the lead in mass rallies in September and October last year. A very competent Minister of Finance was suddenly removed on 8th December and replaced by a lightweight who was widely believed to be a ‘yes man’ to the President and who would therefore turn a blind eye to certain financially questionable deals. This precipitated a crisis and prompted one of the most unified responses of the whole population since 1994.

South Africans across all racial, religious and any other barriers stood united in demanding  that the President reverse his actions. The SACC met the President and asked for action on many fronts, especially his axing of the Minister of Finance which cut billions off the stock market and pushed the currency to record lows. The President did reinstate a previous minister of finance and there was some recovery.

However, corruption continued. The President and African National Congress (ANC) dominated Parliament and ignored the reports of the constitutionally mandated Public Protector, who instructed the President and Parliament to correct the glaring example of this corruption involving the president. Once again there was a public outcry. Church leaders and civil society took to the streets and social media demanding clean government.

During March 2016 signal court cases were ruled on by the Constitutional Court of the Republic: on March 31 the court held that both the President and Parliament had failed in their constitutionally requiired duties and thus violated the country’s constitution.  The nation felt that it has seen the hard-won constitution come into its own through these rulings.  While we wait for the Presidency, the ANC and indeed the Speakers of Parliament to respond in compliance with these rulings, it was a great day for South Africa – in that the constitution was seen to call the Executive and Legislature to account.

South Africa has never seen a government so called to account. There is widespread support for the judiciary in these decisions. Mass marches have been made to the court to show support. With local government elections due in August, the church is again seeking ways to encourage the electorate to look for more trustworthy candidates and to use the power of the ballot.  There seems to be an air of encouragement in these matters. Perhaps the Christian leaders can once again take a lead in the days ahead.

Church of England Newspaper 28 April 2016

Rev Gavin Mitchell, Trinity Anglican Church, Franschhoek, Western Cape.

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