Omphemetse Sibanda | No leadership and overreaching: The Constitutional Court's existential crisis

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The Constitutional Court in Johannesburg.
The Constitutional Court in Johannesburg.
Ashraf Hendricks, GroundUp

Omphemetse Sibanda analyses three recent Constitutional Court rulings, writing that it needs to get itself in order, especially if it is to deal with politically sensitive matters going forward. 

The South African Constitutional Court has over time received accolades as one of the world leaders in constitutional jurisprudence.

Who can forget the court's 1995 decision in the case of State v Makwanyane on the abolishment of the dreaded death penalty. Also noteworthy is the court's decisions on the findings of the Public Protector's report on Nkandla. It's 2016 Nkandla ruling is considered to have been a significant milestone indicative of a court "fully aware of its own constitutional obligations and that, unlike its apartheid era predecessors that were hamstrung by the supremacy of Parliament" and that "it possesses a mandate to check the abuse of power by other branches of government".

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