Presence of troops in Parliament unconstitutional: expert

Presence of troops in Parliament unconstitutional: expert

A legal expert believes the Constitution would be breached if SANDF soldiers are allowed into the Parliamentary precinct. 

Parliament_gcis
Photo: GCIS

Professor Pierre de Vos is a Constitutional Law expert and says the Executive cannot deploy troops inside another branch of government. 


He's been reacting to the announcement that more than 400 soldiers will help police maintain law and order at the opening of Parliament tomorrow.


"To do this and to do this at Parliament - is quite shocking. It can be seen as intimidation, it can be seen as the Executive trampling on the terrain of another branch of government - the legislature. I think if they are going to be allowed into Parliament and its precinct - this is going to be unconstitutional," says De Vos.


De Vos says it will be a bad day for South Africa's democracy if Parliament can't properly perform its oversight role over the Executive.


"The Constitutional Court in a case last year warned against this and said tyrannical rule is usually at the hands of the Executive, because the control the police and the army - two instruments often used to prop up the tyrant through means like arrest, detention and so on. The Constitutional Court suggested that if they are deployed against Members of Parliament, it will threaten democracy," says De Vos.

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