We, the people of South Africa ...

Another View : A group of citizens has come together to act as custodians and champions of the South African constitution, writes Sipho M Pityana

Public accountability and transparent administration are cornerstones of good governance. These are values and foundations of our constitution. In their absence, effective and efficient government is undermined and corruption thrives.

Ours is a constitutional state where excesses of power are circumscribed by law and several independent watchdog institutions. The rule of law, the independence of these institutions and separation of powers between the various anchors of our democratic dispensation are indispensable conditions for good governance.

Addressing a workshop on promoting accountability and integrity in public spending in April, Dr Frene Ginwala, former speaker of our national assembly, summed it up: "Good governance is a pre-requisite for preventing and combating corruption, while the scourge of corruption undermines good governance. Corruption is therefore a governance challenge."

A corrupt society seeks to neutralise watchdog institutions by ensuring they never objectively carry out their duties without fear or favour. "Party loyalists" or those who would show eternal gratitude are appointed. In these circumstances, they feel they owe greater allegiance to those who appoint them than to the constitution.

Such societies have no appreciation for separation of powers or the constitution as the supreme law of the land. They prefer unlimited powers and unquestioning loyalty to government. If you cannot show that you secured a majority vote in an election as an independent constitutional institution, you have no business to question their decision, they insist.

Not surprisingly, such societies thrive when information available to the public is limited beyond reasonable security requirements of a democratic state. The media's role in unravelling and publishing information in the public interest is circumscribed.

Similarly, institutions established to detect, investigate and prosecute corruption get muzzled and have their scope to execute their duties limited. Even the notion of an independent judiciary and national assembly that hold government to account becomes an irritation.

A review of developments since the adoption of our democratic constitution in 1996 would suggest that we set out to establish a society characterised by good governance, the rule of law, an independent judiciary, national assembly and institutions to support the constitution, such as the Public Service Commission, auditor-general, public protector and Human Rights Commission among others. We assertively established a progressive constitutional state to world acclaim.

In the changing circumstances of our times, a conservative assault on the constitution from the very powerful in our society is raising its ugly head. Corruption and patronage are so pervasive, rampant and crippling in our society that we are on the verge of being deemed a dysfunctional state.

The worst victims of this are the poor; the rich can sometimes pay their way through. The principles of public accountability and efficacious public service are now dangerously undermined. The danger that these practices pose to progressive constitutionalism should not be underestimated.

Alarm has been raised about corruption by leaders in our society. The president and secretary-general of the ANC alluded to its debilitating effects on the ruling party and the state in their addresses to the party's National General Council. Clearly the ANC, because of its proximity to power, has become a target for those who see political office as a stepping stone to personal wealth.

The conviction of the former commissioner of police on corruption charges, and the revelation of his collusion with organised crime, shows the dangerously penetrative tentacles of corruption. The failure of the government to act on the findings of the auditor-general of the large number of public servants who conduct business with the state suggests a lack of resolution to deal decisively with this challenge.

Cosatu has launched a public and laudable campaign against corruption, often rubbing the powerfully placed the wrong way. It is also encouraging that Business Leadership South Africa has entered the fray to define a process to hold business to the true values of our constitution and good governance.

As Ginwala warned, "once corruption becomes entrenched, its negative effects multiply. It induces cynicism, because people begin to regard it as a norm. It undermines social values because people find it easier and more lucrative to engage in corruption than to seek legitimate employment. It encourages the personalisation of politics. As a result, people come to rely on connections and favours instead of formal political, social and economic rules, and illegitimate use of state resources become acceptable."

Those of us in society who believe that this assault on our constitutional values threatens to reverse the gains of our revolution have resolved that as citizens we must assume custodianship of the constitution and be prepared to advance and protect it. The Council for the Advancement of the South African Constitution is a platform to mobilise citizens to assert and claim their rights.

Our constitution is a potent weapon for transformation and liberation. Consequently, it is a powerful arsenal in the hands of all citizens, particularly the poor and marginalised.

We set out to be an independent body, but recognise that there may be opportunities for collaboration with both government and independent state institutions supporting constitutional democracy. In this regard we shall conduct sustained engagement and dialogue with the government and other relevant institutions as we will with political parties, trade unions, pressure groups, faith communities, business organisations and other social movements in our country.

• Pityana is the chairman of the Council for the Advancement of the South African Constitution