People like the DA's Lindiwe Mazibuko, who are quick to assume the role of "custodian of constitution", are no different to other self-appointed defenders of logical books, people who always feel like they know the constitution without actually having read it. In very few other roles outside of government are you required every day to weigh many competing claims between interests of the government and those of the nation, between national interests and international imperatives, addressing historical imbalances and today's realities, and making a diverse society of unequal means and interests work.

Without a mandate to balance a diverse country of unmatched historical imbalances and make it work it is easy for people like Mazibuko, whose only duty is to oppose without appreciation of either the mandate of the constitution or that of the government, to daydream about governing.

Society is organised along political lines because of the difficulty and complexity of making such a diverse society thrive. It is a burden specialised arms of society, like the Constitutional Court and others, may never know.

We need a constitution that goes beyond being legalistic to showing a strong sense of empathy that tilts the balance of our current state in favour of those who are struggling in this society.