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IOL News
15 hours ago
- Politics
- IOL News
Constitutional Court: Champion of the People or Protector of the Elite?
South Africa's first woman Chief Justice and the head of the Constitutional Court Mandisa at her interview with the Judicial Services Commission on February 2, 2022. Image: Timothy Bernard/African News Agency(ANA) Kim Heller The thirty-year-old Constitutional Court is a living shrine to the supreme pledge of equality and justice in democratic South Africa. The real test of the highest court in the land is whether it is an effectual guardian of the people, especially of the most powerless and marginalised in society. In the injustice of apartheid, courts accorded legality to an inhumane regime and the judiciary was weaponised against the African majority. In democratic South Africa, justice must be done and seen to be done so that the historically disempowered can believe in the promise of a free and equitable nation. Early landmark judgments in the Constitutional Court affirmed the right of citizens to access life-saving HIV treatment, adequate water and housing. These judgements created an air of optimism that the apex court would be a faithful chamber of justice for ordinary South Africans. Another important victory for citizens was the Constitutional Court's ruling that permits civil rights organisations and individuals to present cases before it. However, the vital mission of safeguarding citizens' rights and improving fair access to justice has been frustrated by the sluggish enactment of crucial judgments on socio-economic rights, impaired state capacity, and a lack of government accountability. Recent entanglements of the Court in political wars have also negatively affected its standing and trustworthiness. The 2021 Constitutional Court's sentencing of former President Jacob Zuma to fifteen months in prison for contempt of Court without a criminal trial was celebrated by many of his political opponents. Amidst this cheer from his rivals, many ordinary South Africans saw this ruling as an ominous political weaponisation of the judiciary and a wretched betrayal of justice. Fury mounted, people protested, and over three hundred were killed in one of the worst outbreaks of civil turmoil in democratic South Africa. President Cyril Ramaphosa's Phala Phala matter was a case that tested the Constitutional Court's impartiality. After a Parliamentary Section 89 panel found prima facie evidence of misconduct by the President, he approached the Constitutional Court to review and set aside the panel's report. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Ramaphosa's bid was dismissed, and the President was duly directed to the High Court. Many hailed this as an expression of equality before the law in South Africa. A grand show of exercising justice without fear or favour. Few wanted to recognise this as a potentially cowardly act driven by a fear of ruling on such a sensitive matter involving the first citizen of the country. The long delay by the Constitutional Court in delivering a judgment on the EFF and ATM's challenge to the National Assembly's decision not to act on the Section 89 panel findings raises concerns about the court's impartiality, constitutional accountability, and the burning issue of delaying justice. Politically charged, expedient legal judgements set a dangerous precedent for any court of law. The contamination of a single judgement can cast doubt over the entire body of good work done by the Constitutional Court and forever tarnish its standing as an independent legal organ. When legal precepts are sacrificed on the altar of political expediency, no one wins. Justice Edwin Cameron has spoken of how the legitimacy of the judiciary rests on the faith of ordinary people that "judges will protect the weak against the strong" and "the poor against the powerful." Research conducted by the Institute for Justice and Reconciliation (IJR) in 2023 showed that trust in the Constitutional Court had plummeted by over 20% since 2007. This decline is echoed in Stats SA's 2023 data, which revealed that trust in the judiciary was falling "consistent with wider patterns of disillusionment in state institutions." The IJR notes that "South Africans are increasingly seeing the judiciary as part of an elite compact that does not serve their interests". The responsibility of the Constitutional Court in democratic South Africa is monumental, given the country's history of racial oppression and lingering structural inequality. Access to justice is a cardinal pillar of democracy and essential to the Constitutional promise of equality for all. Former Deputy Chief Justice Dikgang Moseneke wrote how courts must never evade their responsibility as agencies of change. Justice Albie Sachs spoke of how constitutionalism is not about fine words on paper but that it is about the living pulse of justice in people's lives. Then South African President Thabo Mvuyelwa Mbeki is sworn in as President of the Republic of South Africa by the President of the Constitutional Court Justice Arthur Chaskalson (C) and Chief Justice Ismail Mohammed (L) at the Union Buildings in Pretoria, 16 June 1999. Image: AFP Transformative constitutionalism places the judiciary at the forefront of addressing structural inequality and fostering a new compact of social parity. However, the chasm between the lofty promises of the Constitution and the everyday injustices that still plague the majority of South Africans is vast. The real work and true triumphs of the Constitutional Court lie in delivering justice to the poor and marginalised by helping to dislodge inequality rather than perpetuate it. If it is to be a guard dog of elites rather than a guardian of the people, its promise will fade as surely as the Rainbow Nation itself. In an interview with City Press in 2020, Dr Muzi Sikhakhane SC spoke about how justice needs to be accessible to all rather than being the exclusive preserve of those who are experts in navigating the complexities of law. As the Constitutional Court steers its future it must avoid becoming a faraway fortress or an exclusive carriage of legal privilege. Extensive outreach programmes on legal rights and legal access would help boost it as an organ of people's power. The inclusion of African languages as languages of record in all courts across South Africa, including the apex court, is imperative if justice is to be done. Justice Albie Sachs spoke of how we do not want our Constitution to be 'a castle for the rich and powerful' and how rather we want it to be a refuge for the poor and marginalised. Our expectations of the judiciary may be too high. After all, the rule of law is not a precise science. Nor is it a godly creation or a holy piece of art. It is but the handiwork of men and women flawed by their specific biases, interests, and life orientations. The Constitutional Court, like our fragile democracy, is a work in progress. * Kim Heller is a political analyst and author of No White Lies: Black Politics and White Power in South Africa. ** The views expressed do not necessarily reflect the views of IOL, Independent Media or The African.
News24
02-05-2025
- Entertainment
- News24
'I refuse to raise my children in a lie' - The Dandalas call it quits
Their Youtube channel has been a nest of love, laughter and hope. Without trying much, they made a lot of people believe in love again. 'Nxcaw' and 'sbwl' were constant sentiments in their comment section as they grew in their love. From being high school sweethearts, soldiering through the loss of their first child to going on to get married, moving into their first home and having two more beautiful daughters, they were an epitome of young, black, successful love. Mandisa and Kuhle Dandala's love story were also featured on Defining Love, a famous Youtube channel that documents couple's journeys through hardships amongst other things. But as fate would have it, the Youtube couple have now faced a brick wall, leaving their day one supporters disappointed. Read more | YouTuber couple the Dandalas open up about infant loss grief: 'The doctor didn't have an explanation' Taking it to her Instagram to announce the news, Mandisa said, 'After deep reflection and painful truth, I've chosen to end my marriage with the man who forgot what commitment means. It's not a choice I made lightly – but loyalty, love and trust are non-negotiables. I refuse to raise my children in a lie or let them think betrayal is love. My children will grow up seeing their mother choose strength over silence and self-worth over betrayal'. 'To the man who broke his vows: thank you for the lesson in self-respect, because now I walk stronger, smarter and unshakably clear on what I will never tolerate again,' it further reads. While it was noticeable how much they had slacked in creating content together, posting each other, no one had seen it coming. Read more | Neo Rapetsoa is ready for an international breakthrough after Generations: The Legacy 'I won't speak on his choices – they speak for themselves. I'll speak on mine: I choose healing, I choose peace. I choose a life where love is honest. Here's to turning heartbreak into power, and broken trust into beautiful boundaries. Lastly, to everyone else: I'm not broken, I'm becoming.' Mandisa concluded her note by thanking all the supporters of their love. Many applauded her for making the decision of choosing herself and her children over 'uk'bekezela' (enduring through pain). Mandisa Dandala & Kuhle Dandala ???? — Kgotso Hope Lekau (@kgotsohopelekau) May 1, 2025 Damn Mandisa Dandala broke up with her Husband??Yerr Marriage & Relationships are so scary because One day you can just wake up to the betrayal from the Man you Love with your WHOLE heart. — Fiona?? (@fiona_muvhango) May 1, 2025 Mandisa Dandala is divorcing her husband Kuhle for allegedly cheating on her and breaking their vows and commitments as a husband and father,one couple I didn't expect this to happen to,they were such a beautiful family, Kuhle was Mandisa's first and only love since highschool.?? — UNCLE CHARLES (@mixedracedUncle) May 1, 2025 Mandisa Dandala Is A Strong Woman, In A Time Where Men Mock Women For Living Toxicity I Am Glad She Chose Herself, Her Sanity And Her Kids Cause There's No Reward In Keeping A Cheating Man Who Chirps Every Part Of Your Healthy Soul Away.?? — Baddie From The Central ?? (@Victori98500419) May 1, 2025 YouTuber Power Couple Shocks Fans with Split! ?? What's Next for Their Love Story Brand? Mandisa Dandala has announced her divorce from Kuhle Dandala, revealing a breach of loyalty and trust in a raw Instagram post: 'I refuse to raise my children in a lie.' The couple, known… May 1, 2025
Yahoo
26-02-2025
- Health
- Yahoo
Rare white lion at Night Safari put to sleep after signs of tumours found; Singaporean man charged with importing 40kg of drugs into Sydney: Singapore live news
Hello to all our readers, Yahoo Singapore will be bringing you live news updates today. A rare African white lioness at the Night Safari has been put to sleep on 21 Feb after she exhibited signs of tumours. She was losing weight and muscle, and had a reduced appetite. A health check-up on 21 Feb showed masses in her abdomen and the build-up of fluid, which were later confirmed to be blood from tumours. For more on her illness, read on. Read more in our live blog below, including the latest local and international news and updates. A rare African white lioness at the Night Safari has been put to sleep on 21 Feb after she exhibited signs of tumours. The Mandai Wildlife Group told The Straits Times (ST) that since early February, the 15-year-old lioness, named Mandisa, was losing weight and muscle. She also had a reduced appetite. A health check-up on 21 Feb showed masses in her abdomen and the build-up of fluid, which were later confirmed to be blood from tumours. Veterinarian Guillaume Douay said, "Unfortunately, there is no cure for this condition. Our veterinary and animal care teams then made the difficult decision to euthanise her on medical and welfare grounds." Dr Douay also shared that a necropsy confirmed the presence of cancer which had spread to multiple organs. ST reported that Mandisa leaves behind her 16-year-old mate, a white lion named Sipho. The pair shared an "incredibly strong bond", Mandai Wildlife Group carnivore keeper Celeste Goh said to the national broadsheet. Said Goh, who is part of Mandai's animal care team, "They were often seen showing affection for each other – rubbing heads or resting side by side in their exhibit. "Each evening, as it was time to head into their enclosure, Mandisa would wait for Sipho, and they would walk out together." Mandisa was also reported to be loving to her carers. She would rub her head against the meshing as a sign of endearment to her keepers. A rare African white lioness at the Night Safari has been put to sleep on 21 Feb after she exhibited signs of tumours. The Mandai Wildlife Group told The Straits Times (ST) that since early February, the 15-year-old lioness, named Mandisa, was losing weight and muscle. She also had a reduced appetite. A health check-up on 21 Feb showed masses in her abdomen and the build-up of fluid, which were later confirmed to be blood from tumours. Veterinarian Guillaume Douay said, "Unfortunately, there is no cure for this condition. Our veterinary and animal care teams then made the difficult decision to euthanise her on medical and welfare grounds." Dr Douay also shared that a necropsy confirmed the presence of cancer which had spread to multiple organs. ST reported that Mandisa leaves behind her 16-year-old mate, a white lion named Sipho. The pair shared an "incredibly strong bond", Mandai Wildlife Group carnivore keeper Celeste Goh said to the national broadsheet. Said Goh, who is part of Mandai's animal care team, "They were often seen showing affection for each other – rubbing heads or resting side by side in their exhibit. "Each evening, as it was time to head into their enclosure, Mandisa would wait for Sipho, and they would walk out together." Mandisa was also reported to be loving to her carers. She would rub her head against the meshing as a sign of endearment to her keepers.
