10115 THE BATTLE FOR CONSTITUTIONAL DEMOCRACY & THE CONSTITUTIONAL COURT

Co-ordinated by Dennis Davis, Judge of the High Court of SA

Fifteen years have passed since South Africa’s constitutional democracy was established. All members of the first Constitutional Court will have served their terms by the end of 2009. As they end their terms, the future of constitutional democracy, underpinned by the Court, appears not much more certain than it was in 1994.

This course will consider the meaning and scope of our model of constitutional democracy and the reasons for the continuing controversy surrounding its custodians – the judiciary. In particular, it will examine the challenges which have confronted the judiciary during the period by way of the saga of the State vs Zuma and other high profile cases. The long-term legitimacy of the judiciary and prosecution services will be discussed within the broader context of the problem of the political trial and the use of the courts as a site of ¬political struggle. The course will also look at cases dealing with socio-economic rights and government accountability. Within this overall context, the question is posed: how secure is our constitutional state? The course will conclude by examining the scope and challenges of transformation with specific emphasis upon the transformation of the legal system.