Sibongakonke Shoba
4 December 2008
Johannesburg — THE African National Congress (ANC) yesterday turned down an invitation to participate in a debate on "protecting and defending" the constitution organised by the Helen Suzman Foundation, saying the constitution was not under threat.
In a letter sent to foundation director Raenette Taljaard, ANC spokeswoman Jessie Duarte said the party saw no value in debating a subject that was not one of the "key institutional, policy and political challenges that confront our country".
"If one looks beyond the rhetoric, objectively there is currently no threat to South Africa's constitutional order or to the rule of law."
Duarte said all citizens should be ready to protect and defend the constitution.
"But to suggest, as this debate would, that the constitution is somehow imperilled is to somehow misdirect our attention and our energies," she said.
Instead, what needed to be discussed was whether SA had made sufficient progress towards realising the socioeconomic rights contained in Chapter 2 of the constitution.
"What progress have we made since 1996 in realising the right of all South Africans to housing, healthcare, food, water, social security and education? That, we would submit, is the debate we should be having."
Taljaard said the foundation regretted the ANC absence .
Present was Congress of the People (COPE) member Smuts Ngonyama, United Democratic Movement leader Bantu Holomisa, Musa Zondi of the Inkatha Freedom Party (IFP), the Independent Democrats' Lance Greyling, Democratic Alliance MP James Selfe and political analysts Sipho Seepe, Steven Friedman and Zwelethu Jolobe. All speakers except Seepe highlighted the ANC leaders' alleged attack on the judiciary and cited calls for a political solution to ANC president Jacob Zuma's criminal trials as possible threats to the constitution.
"There are worrying constitutional implications when certain people need political remedies for certain politicians," said Friedman.
All the analysts disagreed with Ngonyama's view that former president Thabo Mbeki's removal was illegal. "There is nothing wrong with the president being replaced," said Friedman.
Jolobe said that while people may not agree with the removal of premiers and the president, sections of the constitution allowed for such action to be taken.
"Section 50 established SA as a parliamentary system. Leaders will come and go and may not finish their term.
"It is not a deviation from what is expected from the constitution."
Jolobe said, however, there were causes for concern in the manner the ANC had reacted to the formation of COPE.
He said the reported intimidation and disruption of COPE meeting were affecting human rights.
Ngonyama confirmed to Business Day that there were discussions within his party regarding bringing back the Scorpions should COPE win elections.
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