Zuma’s Defiance Is A Grave Moment For South Africa. But It’s Not A Constitutional Crisis

RICHARD CALLAND

THE attempt by former South African president Jacob Zuma to destabilise the country’s constitutional order, and defy the rule of law, does not constitute a constitutional crisis as some have claimed.

It is, nonetheless, a grave moment for modern South Africa and its fledgling democracy.

A former president who, as the Constitutional Court has pointed out, has a particular responsibility to respect the constitution even out of office, has chosen to defy an order from the highest court. This, while attacking the legitimacy of the judiciary and the Commission of Inquiry into State Capture led by Deputy Chief Justice Raymond Zondo.

A quick rendition of the history of the matter is appropriate. In 2016 then public protector Thuli Madonsela completed her report on systemic corruption in government – called State of Capture – shortly before the end of her distinguished seven-year term.

Recognising that she had barely scratched