Quote of the week

Early in 2016, a racist outburst by a white woman in KwaZulu-Natal, Penny Sparrow, ridiculing Black beachgoers as ‘monkeys’, and announcing that thenceforth she would ‘address the [B]lacks of South Africa as monkeys’, published in her online profile, was quickly disseminated countrywide. It convulsed South Africa in shame and acrid anger. The [Constitutional] Court was not unaffected. Previous members of the Constitutional Court took comfort in reflecting, with evident satisfaction, on the absence of racially loaded and racially defined splits. Dramatically, these now fractured the Court.

Edwin Cameron, Eric S. Cheng, Rebecca Gore and Emma Webber
"Rainbows and Realities: Justice Johan Froneman in the Explosive Terrain of Linguistic and Cultural Rights" - Constitutional Court Review
10 January 2018

The role of MPs

The fact that members of the Assembly assume office through nomination by political parties ought to have a limited influence on how they exercise the institutional power of the Assembly.  Where the interests of the political parties are inconsistent with the Assembly’s objectives, members must exercise the Assembly’s power for the achievement of the Assembly’s objectives.  For example, members may not frustrate the realisation of ensuring a government by the people if its attainment would harm their political party.  If they were to do so, they would be using the institutional power of the Assembly for a purpose other than the one for which the power was conferred.  This would be inconsistent with the Constitution.

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