Does President Zuma abide by the oath he took to uphold the Constitution?

The Democratic Alliance (DA) welcomes the alacrity with which Mr Mac Maharaj has responded to our urgent public call for clarification of President Zuma's call for review of the Constitutional Court's power.

The Presidential spokesperson says the President's remarks should be seen in the context of Cabinet's 2011 decision to assess the impact of the Concourt's rulings.

But if that is the context then it simply means that the assessment will purport to tell us which rulings are not "correct", in what way the Concourt's wings can consequently be clipped to prevent further ideological (or logical as the President suggested) error, and how the separation of the powers can be curtailed.

Of course the analysis of Concourt jurisprudence by scholars and writers is not unusual, as Maharaj protests. It is the fact that the executive is undertaking or commissioning the exercise that guaranteed that it would be greeted with scepticism. President Zuma's remarks and Maharaj's clarification now guarantee that it will be seen to undermine the judiciary. Cabinet should abandon the attempt. You don't need a study to know the Concourt's work has been transformative.

The President's views remain the problem. Does he or does he not abide by the oath he took to uphold the Constitution?

Statement issued by Dene Smuts MP, DA Shadow Minister of Justice and Constitutional Development, February 13 2012

The President's oath upon assuming office:

Oath or solemn affirmation of President and Acting President

1. The President or Acting President, before the Chief Justice, or another judge designated by the Chief Justice, must swear/affirm as follows:

In the presence of everyone assembled here, and in full realisation of the high calling I assume as President/Acting President of the Republic of South Africa, I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa, and will obey, observe, uphold and maintain the Constitution and all other law of the Republic; and I solemnly and sincerely promise that I will always ­

• promote all that will advance the Republic, and oppose all that may harm it;
• protect and promote the rights of all South Africans;
• discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience;
• do justice to all; and
• devote myself to the well-being of the Republic and all of its people.

(In the case of an oath: So help me God.)

Source: Schedule 2 of the South African Constitution (see here)

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