Outgoing Chief Justice Raymond Zondo has voiced strong opposition to the idea of returning to parliamentary sovereignty, a concept being pushed by former President Jacob Zuma’s newly formed uMkhonto weSizwe Party (MK). As South Africa approaches its general elections, the MK party has advocated for shifting away from the supremacy of the Constitution towards “unfettered parliamentary supremacy.” The party secured 14% of the national vote, surpassing the Economic Freedom Fighters (EFF) to become the third-largest party.
Zondo emphasized that the Constitution is the cornerstone of South Africa’s democracy. He warned that abandoning constitutional supremacy in favor of parliamentary sovereignty would remove essential checks and balances, allowing the majority party to govern without constitutional constraints. He noted that this was the system under apartheid, which was deliberately rejected in the post-1994 democratic era.
Reflecting on historical context, Zondo pointed out that those now calling for change, including Zuma, were once satisfied with the Constitution during its adoption. Although he acknowledged their right to express their views, Zondo firmly stated that returning to parliamentary sovereignty would be a “bad idea.”
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