When judges, legislators, and policymakers neglect the foundational dynamics of indigenous customs, they worsen conflict between indigenous laws and state laws.
A judicial commission has found that the Guptas orchestrated massive corruption and the capture of the South African state, with the help of their friend, former president Jacob Zuma.
Most South Africans believe the report into state capture must be followed up to ensure that those responsible for rampant corruption are held accountable.
The Chief Justice needs to have a single-minded and unyielding commitment to constitutional democracy and constitutional values, including social justice.
If proposed amendments to the law are passed, it will no longer be possible to acquire a firearm licence for self-defence in the country. This has sparked heated debate.
After 1994 efforts were made to embed democracy. The focus was on policy and institution-building. What was missing was ensuring all South Africans were on board.
South Africa has many problems. But, as Jacob Zuma has found out, the strength of its rule of law and the independence of its judiciary should not be underestimated.
Denying people the right to opt out of the traditional court system conflicts with the notion of customary law as a voluntary and consensual system of law.
The state capture inquiry shows that South Africa’s parliament needs to urgently end the uncertainty about whether or not shadow directors are governed by the Companies Act.
South Africa needs a way to incorporate active citizens within the prevailing constitutional and legal structures, so as to strengthen all levels of government.