A member of the ANC provincial executive in the Eastern Cape has criticised the South African judicial system and accused it of undermining the ANC’s political mandate.
Mzoleli Mrara, who is also the ANC chief whip in the Eastern Cape legislature said although the ANC had the majority in parliament, it had been made toothless by the Constitutional Court.
Mrara was speaking at the ANC Nelson Mandela Bay regional policy conference at the Nelson Mandela Metropolitan University (NMMU) Missionvale Campus.
“Today, whatever decision that is taken by parliament is challenged through the Constitutional Court. Our parliament cannot take any decision unchallenged, using this judicial system to undermine a political mandate of our people.”
Mrara said ANC members had to discuss this matter and come up with resolutions that would prevent judicial interference in political matters.
“Britain opted for monarchy instead of constitutional model democracy because it understood the consequences of subjecting politics to legal framework, that you’ll have problems in addressing issues that are affecting the people,” he said.
“We have also seen the same in Lesoth. It was the King that called for the re-run of the elections.”
Mrara said those countries understood the implications of constitutional democracy.
“Here we jumped for constitutionality and today our constitutional democracy undermines political mandate.”
Mrara also criticised the electoral system and said ANC members needed to discuss it because by 2019 they would be subjected to it.
“In Nelson Mandela Bay we won 36 wards, but the DA won 23 wards yet it has the majority in the municipality because of the voter turnout. There must be something wrong with our electoral formula in dealing with this question and we must review our electoral formula. If we don’t do that it will leave us in tears by 2019,” he said.
Mrara also criticised the Nelson Mandela Bay municipal budget saying it was an apartheid style allocation where there was too little going towards the need of the people.