Between 1994 and 29 May 2024, South Africa has not in fact been a multi-party democracy. It has been a dominant-party State in which the tripartite alliance has pursued its stated intention to secure for itself 'hegemonic control of all the levers of power in society'.

The founders of our post-liberation constitutional dispensation set out, among the founding provisions of our supreme law, their intention that the people of South Africa should enjoy the fruits of what they described as "a multi-party system of democratic government to ensure accountability, responsiveness and openness". The parliamentary sovereignty of the old order was thus ended.

Taken together with the expressed commitments to the values of human dignity, the achievement of equality and the advancement of human rights and freedoms under our Constitution and the rule of law, these words quoted above from section 1 of the Constitution sum up the basis upon which our Constitution should be regarded as the supreme law of the country.

Any law or conduct inconsistent with the Constitution is invalid and the obligations imposed by it must be fulfilled. It is so provided in section 2 of the Constitution. Chapter Two guarantees a wide range of human rights to everyone.

Between 1994 and 29 May 2024, SA has not in fact been a multi-party democracy. On the contrary, apart from a brief Government of National Unity (GNU) at the dawn of democracy, it has been a dominant-party State in which the tripartite alliance between...