An ‘important purpose of section 34 [of the Constitution] is to guarantee the protection of the judicial process to persons who have disputes that can be resolved by law’ and that the right of access to court is ‘foundational to the stability of an orderly society. It ensures the peaceful, regulated and institutionalised mechanisms to resolve disputes, without resorting to self-help. The right of access to court is a bulwark against vigilantism, and the chaos and anarchy which it causes. Construed in this context of the rule of law and the principle against self-help in particular, access to court is indeed of cardinal importance’.The right guaranteed s34 would be rendered meaningless if court orders could be ignored with impunity:the underlying purposes of the right — and particularly that of avoidance of self-help — would be undermined if litigants could decide which orders they wished to obey and which they wished to ignore.
Firstly, the “we” whose anti-colonial struggle is “ours” is nothing less than people itself. Secondly, this “we”, the people, is authentic only when it is either in or sanctioned by the nationalist movement. What has happened here is that the political space has come to be conflated with the space of the movement. Hence the ambivalent relationship of the nationalist movement to the democratic process.To the extent that the movement wins a democratic election, the results then merely confirm what the movement already assumes: that it is the authentic voice of the people. In the same way, democracy is valued to the extent that it is possible to pursue “the people’s” agenda through its mechanisms and institutions.
When uncertainty enters the political scene, things look different. What does one make of a political opposition if “the people”, “our people”, are always by definition unified in and around the nationalist organisation? Whom does it represent – if not “reactionary” forces (former colonisers, foreign interests, ultra-leftists). Moreover, if the nationalist movement is by definition the people’s own, then electoral loss can mean only one thing: sabotage by the enemies of the people.
In which case one pursues “the people’s” agenda by other means (“states of emergency” and so on). Is this not the brutal logic at play in Zimbabwe today? If so, then it is time to ask: Is not the condition of democracy today the weakening of nationalist organisations in the body politic?
This strikes me as a very interesting point and serves as a counterweight for the argument put forward by Ronald Suresh Roberts that those who get nervous about the ANC´s commitment to democracy are really just channeling the worst kind of racism and anti-nativism.