State v. Zuma: The Future of Constitutional Democracy in South Africa

Journal of Parliamentary and Political Law, Vol. 3, No. 1, p. 121, 2009

In April 2009, Jacob Zuma led the African National Congress (ANC) to a sweeping victory in South Africa’s fourth democratic elections since the end of Apartheid. Zuma’s ascension to the Presidency was the culmination of five years of legal battles. Collectively, these legal confrontations have created serious challenges to South Africa’s adolescent constitutional democracy. They raise many of the most important public law principles: constitutionalism, the rule of law, the independence of the judiciary, separation of powers, freedom of the press, prosecutorial independence and many more. In this article, I use the legal battles involving Jacob Zuma during 2008 and 2009 as a window into these larger constitutional issues both for South Africa and more generally

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