OPINION | No leader is above the law

Constitutional Court Chief Justice Mandisa Maya. (Freddy Mavunda)

SA’s constitutional democracy is built on a simple but powerful principle: no person is above the law.

The constitution is the supreme law of the republic, and every citizen, every institution and every organ of state is bound by it including the president and the National Assembly.

A Constitutional Court judgment is not optional.

It is not a political opinion that can be accepted when convenient and challenged when uncomfortable.

It is binding and must be respected.

Any attempt to undermine, delay or circumvent an order of the highest court in the land threatens the very foundation of our democracy.

The urgent court application by President Cyril Ramaphosa to halt the impeachment process raises serious questions about political accountability and respect for constitutional institutions.

Instead of allowing parliament’s constitutional processes to continue, this move appears to be an attempt to delay scrutiny and avoid answering difficult questions.

We have always maintained that accountability is the cornerstone of a functioning democracy.

Those who hold public office are not entitled to special protection from scrutiny.

In fact, the higher the office, the greater the responsibility to uphold the constitution and act in the interests of the people.

An impeachment inquiry is not a political witch-hunt; it is a constitutional mechanism designed to protect the integrity of public institutions.

Parliament has a duty to investigate serious allegations and ensure that those entrusted with power are held accountable.

For too long, South Africans have witnessed a culture where powerful politicians use legal processes, political influence and institutional delays to avoid accountability.

This cannot become the norm.

The people of SA deserve a government where the constitution is respected and where leaders answer for their actions.

The President cannot expect ordinary citizens to obey the law while those in the highest offices seek ways around constitutional obligations.

The same standards must apply to everyone.

The Constitutional Court has made it clear: constitutional supremacy means that no one — not a president, not a political party, and not any government official — is above the law.

SA needs ethical leadership that restores trust in public institutions, respects the separation of powers and puts accountability before political protection.

The fight for a capable, clean and accountable government is not about personalities.

It is about defending the constitution and ensuring that the power entrusted to leaders is always exercised responsibly.

The constitution belongs to all South Africans.

It must be protected by all South Africans.

Thulani Dasa, DA activist, Khayelitsha



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