Serjeant at the Bar | Stop using the courts to try run the country

Small parties have become serial litigants. This has resulted in attempts to force courts to trench on the domain of the legislature and to insist that judges determine the specifics of the way Parliament must conduct business, writes Serjeant at the Bar.

The avalanche of recent litigation, including load shedding, to challenge the decision of the National Assembly regarding Phala Phala to cease impeachment proceedings against President Cyril Ramaphosa and the question of cadre deployment by the governing party represents lawfare in red in tooth and claw. 

This focuses attention on key questions for constitutional democracy, being the doctrine of separation of powers and related thereto, the legitimate reach of courts in respect of disputes of a policy nature.