For many years the South African Constitution was seen as one of the best-written constitutions and examples of constitutionalism on the African continent.

Prof Koos Malan from the University of Pretoria’s Department of Public Law has challenged this assumption in his book titled: There is no Supreme Constitution – a critique of Statist-individualist Constitutionalism.

He discussed his book in-depth at a recent North-West University (NWU) Business School Think Tank webinar, aimed at encouraging robust debate about the supremacy of the South African Constitution and the implications thereof on politics, the economy and society.

During the event, Prof Malan focused on three aspects: the Constitution’s claim to be supreme, the different types of law formulation which include lapsed law, stillborn law and substituting law, and the South African reality.

This was followed by panel members sharing their thoughts on Prof Malan’s book and the Constitution. The panel members were Prof Omphemetse Sibanda, executive dean of the Faculty of Management and Law at the University of Limpopo, Dr Ralph Mathekga, a political analyst, and Prof André Duvenhage, political analyst and NWU lecturer.