And so we had a rights-based constitution, guaranteeing freedom of expression, of association and of religion. The constitution went even further than merely imposing an independent judiciary. A constitutional court, apart from being the highest court in the land, would also ensure that all laws passed by parliament and assented to by the president would be in line with the letter and spirit of the constitution. Other appendages, such as chapter 9 institutions, to ensure fairness and good conduct by those in authority, were thrown in for good measure.
There was also passionate debate about the shape or form of the new state. Those intent on limiting its power were dead set against a centralised unitary state, preferring instead a federal system, with powers shared between national, provincial and local governments.
Initially the ANC was wedded to the idea of a unitary state. The party saw untrammelled powers as necessary for a speedy transformation of society. But it also regarded a federal system as a continuation of the Bantustan system beloved of the National Party and its collection of black lackeys. It wanted nothing to do with even the whiff of the past. Eventually, though, a compromise was found: the new SA has nine provinces.
In a sense we're fortunate that our settlement didn't result from the barrel of a gun. A shooting war does not only result in dead bodies being scattered around; it also means that the victors take all the spoils. And the vanquished are either ignored or end up among the dead bodies. No compromise. It also portends a bleak future.
No party can or should enjoy absolute power in a democracy, even with a lopsided majority. That's the preserve of dictatorships. In a democracy, while governments wield formal authority, power is also diffused in institutions like an independent judiciary, the media and elements of civil society such as labour, business and so forth.
Which is why the debate within the ANC before and after the Polokwane conference about the pros and cons of the two centres of power was nonsense. In a democracy there are not one or two, but many centres or pillars of power. Such institutions not only reflect the values of society, they are also a bulwark against the abuse of power.
It seems the ANC has decided to undermine these institutions, or if not, to completely erode their credibility.
For instance, in order to get Jacob Zuma off the hook, the Scorpions had to be destroyed; the Judicial Service Commission had to be packed with fellow travellers so that it could produce a desired outcome, thus making a mockery of the whole notion of justice. We watch as government tries to twist the arm of the Transnet board into appointing as CEO a man who's under a cloud.
Our institutions are being undermined for the benefit of certain individuals. The person has become bigger than the institution. The judiciary is being compromised and made a laughing stock for the sole benefit of John Hlophe. What's so special about Siyabonga Gama that he should be imposed on the parastatal despite the cases against him?
A few years ago Jeremy Cronin coined a delicious phrase: the zanufication of the ANC. He was obviously referring to the party under Thabo Mbeki. But it's the ANC led by Zuma that is beginning to look and act like Zanu-PF under Robert Mugabe.
Whatever our differences, the Codesa consensus should not be tampered with. The institutions should be preserved. They are our bastion against tyranny. Because tomorrow the boot could be on the other foot.
