The role of state institutions in supporting constitutional democracy

1. The Constitutional Court: A gem in a fragile crown

The panellists described the Constitutional Court as a major political player and a powerful institution that has largely acted as a bulwark for South Africa’s democracy. However, the court is not without its problems, including a worrying backlog of judgments and a decline in collegiality on the bench, raising questions about its long-term health.

2. A flood of political battles

A significant challenge facing the judiciary is the growing tendency for political disputes to be framed as legal battles and taken to the courts. While this shows that citizens trust the legal system, it risks entangling the courts in partisan politics and could ultimately weaken their legitimacy.

3. The public service as a catastrophic failure

Beyond the courts, the panellists agreed that the public service is a crucial institution for a functional democracy. Yet, they labelled it a “catastrophe” due to nepotism and corruption in the appointment process, which has a devastating effect on ordinary people who rely on the state for essential services.

4. The problem with cadre deployment

The panellists argued that the policy of cadre deployment is a core reason for the state’s failures, as it has systematically eroded merit-based appointments. They highlighted how countries like Japan, South Korea and China transformed their societies by prioritising meritocracy over political loyalty, a lesson South Africa has yet to fully embrace.

5. A two-part problem with crime

The discussion identified a two-part problem within South Africa’s criminal justice system. It is simultaneously “over-inclusive” by incarcerating too many people – including those who cannot afford bail for minor offences—and “under-inclusive” by failing to prosecute high-level corruption and organised crime, leaving the “kingpins” untouched.

6. State Capture: More than just the Guptas

The conversation broadened the definition of State Capture beyond a specific era or set of individuals. While some flagship institutions like Eskom and the National Prosecuting Authority (NPA) have seen progress, the panellists noted that corruption has become more pervasive and endemic in other parts of the public service, particularly in the police service, which they described as a national crisis.

7. The path to institutional reform

Fixing South Africa’s institutions will be a long and difficult journey. The panellists emphasised that reform requires a fundamental change in culture, where accountability and responsibility are prioritised, and recommended taking the power of appointment away from the President and instituting more independent processes.

8. The role of the citizen

Democracy is not self-sustaining; it relies on the active support of both institutions and citizens. The panellists urged a re-politicisation of the citizenry, where people engage with political issues directly rather than simply resorting to legal action. They also stressed the need for a stronger sense of democratic responsibility among individuals.

9. The question of a democratic culture

The discussion highlighted a fundamental tension in South Africa’s democratic culture. While the country has formal legal respect for diversity and rights, this is often not reflected in the behaviour of individuals or political parties. A more mature, “gentle” culture is needed where citizens accept different views and hold their leaders accountable without resorting to violence or intimidation.

10. A moment of hope

Despite the many challenges, the panellists expressed hope for the future. They pointed to the fact that the courts are acting as an essential guardrail and that recent political dynamics have created a more muscular, more engaged Parliament. This new political landscape could push institutions to become more accountable and functional, offering a chance for real change.

The discussion highlighted the ongoing journey of defining and strengthening South Africa’s identity, emphasising the complexities of diversity, the role of foundational values and the need for active engagement from all citizens. DM

This article was produced with the assistance of the Gemini Pro AI model. Human oversight ensured that the 10 takeaways factually reflect the conversation.