Analysis - South Africa's Constitutional Court stands out as one of the few government institutions that have protected and advanced the constitutional vision of a participatory democracy and social justice. Many other government institutions which ought to have allied themselves with the court have been weakened or have failed to deliver.
stands out as one of the few government institutions that have protected and advanced the constitutional vision of a participatory democracy and social justice. Many other government institutions which ought to have allied themselves with the court have been. This requires that the exercise of public power be accountable, responsive and open. Despite this, but also because of it, the court faces challenges from outside and from within.
The Constitutional Court succeeded beyond expectations in establishing its political and public legitimacy in its first 15 years since it wasfocused on the judicial branch of government under colonialism and apartheid, and in the democratic era. I was also privileged to be a technical adviser on fundamental rights during theto end apartheid. This involved me in debates about judicial independence and accountability in the future. I have continued to publish on these topics regularly.
Directly related to this is inadequate leadership shown by the chief justices and heads of court, with singular exceptions. Sadly, former chief justice Mogoeng Mogoeng realised theThe failure to fill vacancies on the court promptly - when the retirement date of every justice is known from the moment of their appointment - is unfathomable and harmful. It meant that for long periods there were several acting Constitutional Court justices.
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