Africa-Press – South-Africa. The Economic Freedom Fighters (EFF) has expressed its lack of confidence in South Africa’s constitutional supremacy – suggesting it has become problematic to the country’s democracy.
According to the party’s discussion documents for its upcoming elective conference, the organisation is dissatisfied with the Constitution being the ultimate source of law for the country.
South Africa moved away from parliamentary sovereignty to constitutional supremacy – when the first democratic government was elected in 1994.
In the document, the EFF says it will carefully consider the relevance of constitutional supremacy during its conference this weekend.
Although the EFF did not explicitly state its preference for parliamentary sovereignty in its discussion documents, it provided several examples of what it believes would be a more suitable system for contemporary South Africa.
Parliamentary sovereignty is a system where parliament holds the ultimate legal authority, rather than the judiciary.
The party argues that it’s illogical for the power to review and overturn legislation to rest with judges, instead of being in the hands of democratically elected public representatives.
Additionally, the EFF contends that granting the courts the power to veto legislative decisions – gives them excessive authority over political matters.
The MK Party has also expressed its preference for parliamentary sovereignty over constitutional supremacy.
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