'Constitution solid, wonderful' - Ramaphosa

12 December 2011 - 01:52 By SIPHO MASONDO
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Cyril Ramaphosa. File photo
Cyril Ramaphosa. File photo
Image: Tyrone Arthur

South Africa's constitution is not under threat from any political party or individuals, Cyril Ramaphosa said.

Ramaphosa, a senior ANC politician and member of the ruling party's national executive committee, was speaking at celebrations marking the 15th anniversary of the signing of the constitution at Constitution Hill, in Johannesburg.

Responding to media questions about the constitution being under threat, Ramaphosa said: There is no threat that I perceive. The constitution is a solid and wonderful document. It is an enduring document."

The celebration was organised by the Constitution Hill Trust, of which Ramaphosa is chairman.

Former chief justice Arthur Chaskalson and Cheryl Carolus, who are both members of the trust's board, said there was also nothing wrong with the government wanting to study Constitutional Court judgments and their effects on citizens.

This follows the government's announcement two weeks ago that it will be appointing an independent research institute to study the Constitutional Court's judgments to ensure that they conform to the country's transformation agenda.

Chaskalson said "everybody is welcome to read our judgments".

"They are studied by many countries all over the world including well-established democracies like America, and have been considered in high regard. It's good that government wants to study them."

Carolus said it was time, not only for the government, but all South Africans to reflect on the court's judgments and how they have continued to defend democracy.

Recently the ANC has voiced concerns about "certain" people allegedly attempting to "co-govern" by challenging government decisions through the courts, in particular the Constitutional Court.

Examples include Johannesburg businessman Hugh Glenister - who successfully challenged the disbanding of the Scorpions - and the DA which recently succeeded in getting the courts to declare the appointment of NPA boss Menzi Simelane unlawful and invalid.

However, Carolus said it was healthy that decisions and laws were challenged. "We should not look in the negative when people test the laws. It's good that South Africans think that they can use the court. The Constitutional Court has stood us in a good stead, it is underpinned by a solid judiciary."

The constitution, Ramaphosa said, has so far achieved what its founders had in mind.

"It is so well interpreted by the courts. The constitution has given content and substance to this court. It has served as a shield to defend the people. And it is a worthy example of what we intended it to be.

"I think we have come far over the past 15 years. In a very short history of its existence it has stood the test of time."

The constitution, he said, was the birth certificate of South Africa's democracy. "It is what our people struggled and suffered for, for a very long time."

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