oa Constitutional Court Review - The Constitutional Court, court watchers and the Commons : a reply to Professor Michelman on constitutional dialogue, 'interpretive charity' and the citizenry as sangomas : lead essay / response
On 20 August 2007, the Court was hearing Merafong Demarcation Forum v President of the Republic of South Africa. After a long period of struggle in which they had employed both institutional and extra-institutional mechanisms of democracy, the people of Khutsong decided to take their case to the Constitutional Court. Why? 'The government does not want to listen.' On that day more than a 1 000 protesters gathered outside the court room toyi toying and singing liberation songs. During the course of the day, things turned nasty when protesters started burning tyres, brandishing dangerous weapons and allegedly pelting the police with stones. For me, this episode vividly demonstrates the fragile state of South Africa's constitutional culture.
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