the case for judicial dissent, and the caveats
When constitutional democracy is under strain, how should we view disagreement among judges in a court of (supposed) last resort?
Two weeks ago, South Africa’s Constitutional Court handed down judgment in two cases with high political stakes.
First, it was Acting Deputy Chief Justice Khampepe who read the court’s reasons for its punitive order sentencing former president Jacob Zuma to 15 months’ imprisonment. This was for contempt of its earlier order directing him to comply…