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The DA calls on ANC Chief Whip Mathole Motshekga to clarify reported statements attributed to him to the effect that the Constitutional Court should not “become involved” in the Protection of State Information Bill and that it would be “a gross violation of the separation of the powers” for the Court to express itself on the law once passed by Parliament.

The statement is so embarrassingly ignorant that we hope he misspoke on the eNews channel and that it will not be necessary to give him instruction on how the separation of the powers works. The Constitutional Court is there precisely to decide when law or conduct is inconsistent with the Constitution, which every MP, including Mr Motshekga, swears to uphold when sworn in as a legislator. The courts cannot refuse to “become involved” if approached.

But long before the Info Bill (if it remains unchanged) reaches the court after becoming an Act, the DA will be petitioning the President to send the Bill back to Parliament to cure unconstitutionalities. Even the President has to abide by the supreme law, and apply his mind to each Bill before assent.

Mr Motshekga is only parroting cleverer and more senior ANC office bearers when he reportedly says that the will of the judges is being substituted for the will of the voting majority, and that the courts are intruding on the executive and legislative terrain. He follows ANC secretary general Gwede Mantashe and Deputy Correctional Services Minister Ngoako Ramatlhodi, who on September 1 suggested that the right-based constitutional order was a negotiating “concession” b y the ANC.

The true face of a liberation movement that has been for too long been romanticised is emerging. It believes in the tyranny of the majority. But we will not allow the ANC to destroy the constitutional order.