Lawfare: Judging Politics in South Africa

by Michelle Le Roux, Dennis Davis

What happens when South Africa’s tumultuous political life becomes entangled in the courts of law?

Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary. Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in ‘lawfare’: the migration of politics to the courts.

The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor – the list goes on and on.

This book offers a highly readable analysis of some of the most widely publicised and decisive instances of lawfare. It argues that while it is good that the judiciary is able to shoulder the burden of supporting democracy, it is showing signs of immense strain under the present deluge of political cases. Whether the courts will survive this strain undamaged remains to be seen.

Genres: South Africa, Nonfiction

368 pages, Paperback

Published April 8, 2019

Reviews

[Luke Mckend · Rating 5 out of 5]

This is an excellent book that reflects on the ways in which Law was used and abused to create the Apartheid state, but then draws parallels with some of the current issues before SA courts in the post 1994 constitutional dispensation.

The earlier chapters describing the seminal Rivonia and pass law cases and exposing detention without trial were fascinating for their descriptions of people trying to do the right thing whilst living in a manifestly unjust society

The latter chapters less so, only because it's just so depressing to realise how effective state capture and the total disregard of rule of law has been in the last ten years in SA. The judges can only hear the cases that are brought to them, heres hoping that we'll see judgements soon, restoring the promise of a constitution that provides for equal opportunity and treatment for all.

[Claudia Agostinelli · Rating 5 out of 5]

This book superbly describes how the judicial system was manipulated to further the agenda of the ruling party during the Apartheid era. Furthermore, it shines a light on just how fickle state representatives have become in promoting the constitutional principles that those before them fought so hard for. A excellent depiction of oppression, victory, and the danger of history repeating itself.