Lawfare

Judging Politics in South Africa

Nonfiction, Reference & Language, Law, Courts
Cover of the book Lawfare by Michelle le Roux, Dennis Davis, Jonathan Ball Publishers
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Author: Michelle le Roux, Dennis Davis ISBN: 9781868429615
Publisher: Jonathan Ball Publishers Publication: April 15, 2019
Imprint: Jonathan Ball Language: English
Author: Michelle le Roux, Dennis Davis
ISBN: 9781868429615
Publisher: Jonathan Ball Publishers
Publication: April 15, 2019
Imprint: Jonathan Ball
Language: English

What happens when South Africa’s tumultuous political life becomes entangled in the courts of law?

Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary. Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in ‘lawfare’: the migration of politics to the courts.

The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor – the list goes on and on.

This book offers a highly readable analysis of some of the most widely publicised and decisive instances of lawfare. It argues that while it is good that the judiciary is able to shoulder the burden of supporting democracy, it is showing signs of immense strain under the present deluge of political cases. Whether the courts will survive this strain undamaged remains to be seen.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

What happens when South Africa’s tumultuous political life becomes entangled in the courts of law?

Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary. Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in ‘lawfare’: the migration of politics to the courts.

The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor – the list goes on and on.

This book offers a highly readable analysis of some of the most widely publicised and decisive instances of lawfare. It argues that while it is good that the judiciary is able to shoulder the burden of supporting democracy, it is showing signs of immense strain under the present deluge of political cases. Whether the courts will survive this strain undamaged remains to be seen.

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