The qualities forged by his intense involvement in the struggle for democratic practices shaped his approach to conflict and strife, wherever it occurred.
- Professor Emeritus of Public Law, University of Cape Town
Hard bargaining still needs to happen before the country has a definitive sense of how executive accountability will be enforced under a unity government.
The court covered itself in glory in the first 15 years, but its performance has been patchy since then, coinciding with Jacob Zuma’s presidency.
Parliament’s failure to live up to its constitutional mandate was noted by the State Capture Commission as having enabled former president Zuma’s regime to corrupt state behaviour with ease.
Peddlers of dangerous ideas regarding the constitution should be reminded of what was done in the name of a legislative majority under apartheid.
There has been a clear attempt to undermine the role of the Judicial Service Commission by some who sit on it.
The rule of law embodies the rallying cry for the fair and democratic exercise of public power, buttressed by law and fundamental rights.
A strong, courageous and dedicated Chief Justice will provide the leadership desperately needed to turn the administration of justice around.
The ANC’s choice of parliamentary Speaker reflects poorly on the party leadership and contrasts starkly with President Cyril Ramaphosa’s commitment to uncorrupt governance.
The judicial process in South Africa is hugely contested. This places an exaggerated burden on the courts to act with maximum independence and impartiality.
As a branch of government, the courts must naturally be accountable for the exercise of their power. The means of achieving their accountability must be balanced against their necessary independence.
The retirement of Dikgang Moseneke, one of South Africa’s eminent judges and the Constitutional Court’s deputy chief justice, is a moment to reflect on the court’s place in society and his legacy.
The Constitutional Court judgment in the opposition’s case against President Jacob Zuma represents the exercise of judicial authority and expertise at the highest level by international standards.
The electorate and those involved in public governance should focus more on how judges are appointed. This is because they need to make sure that individuals of the highest quality get the job.
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