The false gospel of the Constitution and later instalments

Most of Prof Malan’s criticism of the 1996 Constitution lies more in the manner in which its provisions have been eroded by the state and misinterpreted by the courts – rather than in the Constitution itself.

It is very unlikely that we will ever be able to negotiate a better Constitution than the one we have now. Instead of seeking impossible constitutional amendments, we should instead rally around our present constitution and defend its provisions as they were negotiated. But, as FW de Klerk pointed out 11 years ago, this will require all those who are concerned about the future of the country – including business, NGOs, the professions and ordinary citizens – to oppose the erosion of the constitution by the governing elite.