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Seun wa Moutse
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Plundering the Constitution

11 June 2014, 05:00

The lack of accountability hinders the Constitution to function probably, with the government having no respect for independent institutions as the public protector, and in doing this, is, through its executive powers ruining and demolishing the justice and the judicial system, and this is a generally known fact.

South Africa is being governed by a majority government. The ruling party also rules the judicial power and makes the laws in the National Assembly.

The National Assemble (ruling party) in terms of section 86(1) of the Constitution then has the authority to choose as its leader (usually the leader of the ruling party) to serve as President and be the leader of the executive power.

The President then in terms of section 91(1) elects the members of the National Assembly (overwhelmingly members of the ruling party) to serve as Ministers in the Cabinet (executive power).

The ruling government then also controls the legal and executive powers.

In terms of section 92(2) of the Constitution, members of the executive power, must individually and or collectively account to Parliament (the legal power) that is controlled by the ruling party.

The ruling party in terms of section 174 and 178 of the Judicial Service Commission also elects the candidates as judges for the court, while the executive power/ and leader of the ruling party, then appoints the judges.

There is no division of power any more – the ruling party does whatever is want to do, and has the backing to do it, despite the fact that its main duty is the protection of the sovereignty of the constitution.

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