'It's a bad idea': Zondo warns against returning SA to parliamentary sovereignty
Chief Justice Raymond Zondo highlighted that such a system, which is what the apartheid government functioned under, was intentionally rejected post-1994.
Chief Justice Raymond Zondo. Picture: Jacques Nelles/EWN
JOHANNESBURG - Outgoing Chief Justice Raymond Zondo said that a return to parliamentary sovereignty would be a bad idea.
In the run-up to this year's general elections, we saw a push from former President Jacob Zuma’s new uMkhonto weSizwe Party (MK) for a move away from supremacy of the Constitution to “unfettered parliamentary supremacy” and it came out with 14% of the national ballot in the end, knocking the Economic Freedom Fighters (EFF) off podium position to claim the third biggest share.
In a wide-ranging interview with Eyewitness News ahead of his upcoming retirement as head of the judiciary and the Constitutional Court, Zondo stressed that it was their right to voice the opinion but said the Constitution remained "the foundation of our country".
READ: Zondo: There was no other option but to hold Zuma in contempt for defiance of ConCourt order
"It's a foundation of our democracy. Without it, we don't have democracy. Now, as far as those who are saying 'let's go back to parliamentary, let's go back to sovereignty', I don't know what their problem is, but I suspect that they want a situation where if you, as a political party, gain majority status in Parliament, then you know that there are going to be no constitutional constraints. You can actually do as you please," said Zondo.
Zondo highlighted that such a system, which is what the apartheid government functioned under, was intentionally rejected post-1994.
"And some of those people you talk about, Mr Zuma, if we were to go back to when this Constitution was adopted, we will find that if we were to show the clip, they were very happy with this Constitution. They had been part of the negotiations... they were happy. But now, suddenly, because they are no longer in power, they want things to be changed," Zondo said.
Zondo added that they’re completely within their rights to express their views and to see if they "find favour" with the majority.
"One is not saying they are not entitled. But it's a bad thing, but it's a bad idea," he said.