THE AFTERMATH OF STATE CAPTURE: CONSTITUTIONAL CHALLENGES

Lawson Naidoo, Executive Secretary, Council for the Advancement of the South African Constitution

Using evidence submitted to the State Capture Commission of Inquiry led by Deputy Chief Justice Raymond Zondo, this lecture will look at structural defects in the architecture of South Africa’s constitution that enabled the weakening of the state and the looting of state resources. Concerted efforts to clean up institutions and organs of state ‘captured’ by dark forces, primarily in the criminal justice sector, SARS and state-owned enterprises have met with resistance, but the ‘fight back’ campaign remained undeterred. Parliament continues to be a battleground with controversial appointments to key positions. We will examine the role of Parliament and its failure to execute its constitutional mandate, and ask what changes may be necessary to ensure greater accountability for this key institution in our constitutional framework.