oa Constitutional Court Review - A tactical separation of powers doctrine

Volume 9 Number 1
  • ISSN : 2073-6215
  • E-ISSN: 2521-5183



This essay explores the possibility that courts can play a role in arresting damage to constitutional democracy and in hindering processes of democratic backsliding. To that end, it examines closely four decisions in which the Constitutional Court has responded to state capture as a threat to ‘constitutional democracy’. Each case reflects an effort either to stymie President Zuma’s determination to entrench his hold on high office or to buttress the attempts by opposition parties to oust him from power. This coterie of cases are rightly perceived as component parts of an ongoing accountability process in which the Court employs tactical strategies that rely upon the use of structural constitutional commitments rather than clearly enunciated principles or provisions in the basic law.

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error