South Africa must protect its judges

WHEN NELSON MANDELA opened South Africa’s Constitutional Court in 1995, he said it would determine “the future of our democracy”. The first president of the democratic era argued that the court was as important to the new constitution as the parliament and presidency. Judges should be “creative and independent” in ensuring that, in contrast to apartheid, no person was above the law, regardless of their race, power or wealth.

By and large, the judges have done their job. The Constitutional Court has defended citizens failed by a callous state, for instance by ordering the government of Thabo Mbeki to provide anti retroviral drugs to people with HIV. It has challenged abuses of power by Jacob Zuma, whose presidency in 2009-18 was defined by widespread looting. Last year the highest court sent Mr Zuma to prison after he disobeyed an order to appear at an official inquiry into corruption during his tenure.

Yet the courts are facing grave threats. Populist politicians who loathe the rule of law want to see pliant judges appointed who will bend to their will. Those who believe in the constitutional principles set out by Mandela, including the president, Cyril...