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Constitutional Supremacy vs. Parliamentary Sovereignty in South Africa's Political Landscape

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Bongani Baloyi's Xiluva has aligned with Jacob Zuma's MK Party in advocating for the replacement of the Constitution as the supreme law of the land with a system akin to apartheid's "parliamentary supremacy." This stance contrasts with constitutional supremacy, a concept often juxtaposed with parliamentary sovereignty. In parliamentary sovereignty, the legislature holds ultimate law-making authority without limitations on its ability to create or repeal laws, a model akin to the UK's Westminster system and apartheid-era South Africa. According to the University of Cape Town, the crux of the distinction lies in where the highest authority for law-making resides: with the legislature in parliamentary sovereignty or with the constitution in constitutional supremacy. It's crucial to note that constitutional supremacy doesn't preclude Parliament from amending the Constitution. Rather, it mandates that all legislative actions and behaviour align with constitutional principles, even when amending the Constitution. This conversation delves into these differences and explores what adopting parliamentary supremacy would mean within South Africa's contemporary political framework. Legal Analyst and Managing Director of Zikalala Attorneys Mpumelelo Zikalala along with Attorney and Lecturer at the University of Johannesburg’s Law Clinic Elton Hart join Lerato Mbele for the conversation.

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POWER Talk is a mid-morning talk show programme, hosted by Lerato Mbele. The show delves deeper into 
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