This thread is about the Constitution of the Republic of South Africa. It is for all its citizens, irrespective of race, culture, class or political affiliation. This is about one of the most important issues that we have faced as a democracy as it impacts all its citizens.
“This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.” All citizens including members of government have sworn to uphold and adhere to the values of this binding document.
It is one of the most progressive Constitutions on earth, lauded by democracies around the world. It is this very document which is the cornerstone of our free, open and just society. It is the highest law in our land.
The Constitution exists to protect all of it’s citizens and sets out the foundation for our democracy, the Bill of Rights & the separation of powers between the Executive (President, Cabinet and Deputy Ministers), the Legislature (Parliament) & the Judiciary (the courts).
The Separation of Powers is a three tier system of Government which includes an independent judiciary. It is enshrined in our Constitution to safeguard our democracy. However, as citizens we too need to ensure that we protect the Constitution and what it stands for.
We all need to read our Constitution & at the very least, the Preamble & Bill of Rights. This requires us to understand it & to arm ourselves with its knowledge. How can a society demand adherence to it if we as citizens are not familiar with its content, values and safeguards?
It is our duty as South Africans to educate each other on its existence and why it is the supreme law in our land. Society as a whole needs to understand the Constitution as it sets out the very rights and duties of all us citizens and defines the structure of our Government.
The Constitution provides that even in a State of Emergency (such as an actual war situation), the National Assembly (Parliament) is the body that will enact legislation (laws) through a ‘majority’ of the members of the National Assembly (including to extend the declaration).
In South Africa, the interests of all citizens are thus represented through democratically elected members of Parliament. The UK, also in a lockdown, has had their Parliament enact legislation for dealing with Covid-19. However this has not occurred in South Africa.
The Executive has usurped Parliament's role & blocked it from fulfilling its constitutional mandate. This is a severe crisis which is impacting the lives of over 58 million citizens. A significant constitutional failure & concern for citizens regardless of political affiliation.
The current narrative amongst us and in the media has therefore been unhelpful. We’ve been playing identity politics and sowing unnecessary division. We’ve been arguing over specific regulations and perspectives which has diverted all of us from this major constitutional crisis.
To the extent that citizens do not know what our Constitution says, then we very quickly fail to recognise abuses of power as and when they occur. Again, this is problematic for every citizen in South Africa whose leaders have sworn to uphold the Constitution.
It is now the duty of all citizens to demand that Government adheres to and upholds its constitutional mandate. This is not about what phase of the lockdown we should be in, whether we should be in one at all, what regulations are right or wrong or even our own political views.
This is about ensuring that regardless of our differences as citizens, that throughout this process, no matter what, Government is operating and managing this crisis as a constitutional democracy. This may go on for months or years and so this foundation must always be present.
The Constitution ensures that there exists checks & balances, transparency & accountability. Otherwise, an Executive will be allowed to act with impunity, with a partisan agenda & in a way which is not representative of the broad interests of our democratic population.
We as citizens cannot allow a departure from our constitutional system of Government especially during a time like this. The Constitution represents the very fabric of our free, open and just society. It exists to protect the rights of all citizens and keep Government in line.
As citizens we can never allow any Government or system to attempt to overstep their constitutional mandate. The citizens of South Africa have a voice and we need to unite right now to ensure that despite any of our differences, the current Executive return to the status quo.
Here is a link to the Constitution. There has never been a more relevant time in our 26 years of democracy to unite as citizens to protect a system that we cannot allow to be taken away from any us. This is not about politics but democracy. #LockdownSA justice.gov.za/legislation/co…
