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2 Const. Ct. Rev. 1 (2009)

handle is hein.journals/conrev2 and id is 1 raw text is: 'HF: HAD A MANDATE'L THE SOUTH AFRICAN CONS TITUTIONAL COURT AND THE AFRICAN NATIONAL CONGRESS IN A DOMINANT PARTY DEMOCRACY* Sujit Choudhry** 1 Introduction: the Hiophe affair and the African National Congress We may never learn what actually happened when Justice Hlophe visited the chambers of Acting Justice Jafta and Justice Nkabinde at the Constitutional Court in April 2008. These meetings took place after the Constitutional Court had heard the argument but before it had rendered judgment in Zuma and Thint,l two appeals arising out of the long-running legal-political saga of the arms deal that has dominated South African politics since 1999 and which directly involved the criminal investigation of Jacob Zuma.2 The Constitutional Court's complaint against Hlophe to the Judicial Services Commission (JSC) alleged that Hlophe discussed the appeals with both judges, and offered his views that Zuma had been a victim * I thank Danie Brand, Theunis Roux and Stu Woolman for honouring me with their invitation to write one of the lead essays for this year's Constitutional Court Review, and for their patience during the editorial process. Earlier versions of this paper were presented at the Constitutional Court Review Annual Conference in Johannesburg, the NYU/Cardozo International Journal of Constitutional Law Workshop, and the Constitutional Law Workshop at the University of Chicago School of Law. Richard Stacey was formally a research assistant, but his principal role has been to educate me in the intricacies of South African constitutional law and politics. Nicolas Businger provided superb research assistance. For helpful comments, questions and discussions, I thank Hugh Corder, Rosalind Dixon, Tom Ginsburg, Sam Issacharoff, Jonathan Klaaren, Heinz Klug, Mattias Kumm, Ross Kriel, Eric Posner, Gerry Rosenberg, Michel Rosenfeld, Theunis Roux, Mark Tushnet, Wojciech Sadurski, Anthony Stein, David Strauss, and Stu Woolman. ** Faculty of Law Et Department of Political Science, University of Toronto. Thint Holdings (Southern Africa) (Pty) Ltd Et Another v National Director of Public Prosecutions; Zuma v National Director of Public Prosecutions 2009 1 SA 141 (CC); 2008 12 BCLR 1197 (CC). 2 A Feinstein After the party (2007) and P Holden The arms deal in your pocket (2008). 1

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