Who Drafted South Africa’s Constitution and Who Does It Benefit?

Published on 23rd July 2019

I am really worried about the future of South Africa and posterity. What is South Africa going to bequeath to the current and future generations? The much vaunted South African constitution has entrenched the status quo. I began to question the draft constitution in 1993 after perusing it. I am still questioning it to date.

Following the 22 July 2019 Constitutional Court judgement on Public Protector, Advocate Busisiwe Mkhwebane’s case, I have become even more despondent. During the apartheid era, ABSA bank is reported to have looted billions of Rands from the South African Reserve Bank (SARB). Following complaints from some members of the public, Public Protector had recommended that ABSA pay back that money. However, the Constitutional Court upheld the High Court judgement and ruled, inter alia, that the Public Protector’s investigation was flawed and ordered her to pay back 15 percent of the costs. ABSA belongs to one of those wealthy white families - the Ruperts - that owns almost everything in South Africa including the air we breathe. According to that Constitutional Court judgement, ABSA is not going to pay back those billions of Rands. It is worth noting that the Constitutional Court judgement was not unanimous. The Chief Justice Mogoeng Mogoeng and one other judge dissented. The Constitutional Court is the highest court in the land and there is no recourse after it has reached its decision irrespective of whether or not its judgement is wrong.

Many people have raised their concerns about the enormous power the Constitutional Court of South Africa and the judiciary in general have in South Africa. Mike Stainbank said white supremacists write judgements for judges. Former President Jacob Zuma has accused Constitutional Court judges of being influenced by wealthy white people by way of bribes to deliver judgements that favour the latter. This is a serious indictment on Constitutional Court judges and the judiciary although Mr Zuma himself and the ruling ANC are guilty of having allowed the same wealthy white people and western imperialists dictate to them what type of constitution South Africa should have. We are now all stuck with that elitist constitution in which the majority of African people did not take part in its drafting. Not only did the majority of African people not take part in its drafting but it also failed to incorporate any of the provisions from the ancient models of African constitutions.

How does Zuma know that judges are being bribed by wealthy white people? As former head of state he is privy to information most people are not. Members of South Africa’s spy agencies eavesdrop on and listen in to everybody’s telephone conversation and other forms of communication and also tail people they suspect. Secondly, there was a break in at the offices of the Chief Justice where hard drives of computers belonging to judges were stolen. This could be where Zuma came across that information. That handful of wealthy white people is so arrogant and power drunk that Zuma’s assertion makes sense.

Are we going to continue to allow ourselves to be the subjects of a constitution that makes it possible for wealthy white people influence decisions of the judiciary, lets wealthy white people do as they please and go scot free?

Ancient African constitutions begin with the provision that says the people are the first and final source of all power. South Africa’s constitution gives that power to eleven judges of the Constitutional Court some of whom are apparently influenced by a handful of wealthy white families. Is this what ANC MP’s want to bequeath to posterity. And does the youth want to be sacrificial lambs?

Here is a link of an article I wrote a little over a year ago on ancient African constitutions. https://www.iol.co.za/sundayindependent/analysis/the-models-of-ancient-african-constitutions-have-much-to-teach-us-13886361

By Sam Ditshego

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