The Concourt’s blistering and scathing judgement on the Shaun Abrahams case, is a timely and stinging rebuke to the ANC government. It is a stern and timely reminder that the state must desist from transgsressions on sacred constitutional laws pertaining to governance under the rule of law.
The judgement reflects the spirit of the rule of law and its paramount importance to the promotion and consolidation of our democracy.
In a 2012 World Report compiled by Human Rights Report, it was stated that “South Africa continues to grapple with corruption, growing social and economic inequalities and the weakening of state institutions by partisan appointments and one-party dominance.”
It goes on to state that: “After a smooth start in the early post-apartheid period,South Africa’s ruling party, the ANC is increasingly afflicted by contradictions between the idealistic principles and the baser behaviours of many of it’s officeholders.
These behaviours currently include threats to institute tighter controls over the judiciary and the ANC’s civil society critics, especially the independent media.
A discernable trend towards intolerance of judicial brakes on executive power, and also toward a general aversion to any criticism on executive policies and actions raises troubling questions about the future of democratic governance in South Africa.”
The 2011 Mo Ibrahim index of African Governance shows that although South Africa ranks 5th overall amongst African Governments, the scores have consistently declined over the past five years, with a significant reduction in scores for the rule of law.
When we ermerged from global isolation in 1994, and with our balanced constitution came into force, “Rule Of Law” took shape and it became the avowed object of the state to defend this fundamental law of governance irrespective of who the violator was.
It would indeed be a sad day for our democracy when the cannons of justice are poured in favour of those in the corridors of power who create cobwebs of criminalized nexus to veil justice from society.
It has been repeatedly stated over the past 400 years,that “Wherever law ends, tyranny begins.”