Former president Zuma on the wrong side of the constitution, again
The High Court in Pretoria has found former president Jacob Zuma's decision to suspend a human rights regulator's work unlawful, irrational and unconstitutional.
The former president signed off the rights of South Africans to challenge any decision by the executive at Southern African Development Community (SADC) tribunal.
The court ruled that Zuma's decision to sign a SADC protocol, suspending the rights of South Africans to take disputes to the tribunal, to be unlawful, irrational and therefore unconstitutional.
The battle was sparked by about seventy-eight disgruntled Zimbabwean farmers after a court found that the land reform process had been unlawful, but left them unable to execute the order because the tribunal was abolished.
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Seeking a declaratory order, the Law Society of South Africa (LSSA) asked the High Court to rule whether Zuma was complicit in supporting the abolishment.
The LSSA's Walid Brown says Zuma's decision is unlawful and irrational because he never consulted Parliament.
"The SADC tribunal was one of the first in the world. It was a revolutionary tribunal that allow citizens to challenge government in a regional forum. It was an enlightening position that South Africa was a champion of, but a dark moment was when South Africa was part of the decision to deny citizens that same right."
The Constitutional Court still needs to confirm the judgement.