Democratic Constitutionalism Against the Paradoxes of Neoliberal, Populist, and Post-Socialist Entanglements

As South Africa’s governing party between 1994 and 2024, the African National Congress (ANC) was in poll position to use the powers of state to effect the imaginary of the 1996 Constitution. This imaginary provides for the overturning of colonial and apartheid legacies to actualise the human potential of those previously excluded on the basis of race, gender, class, and sexuality. Due to a failure of political imagination, merely the top echelons of economic relations of power were deracialised. Most of the population, and therefore most black people, remain mired in poverty. This failure opened the door to a discourse of anti-constitutionalism aimed at securing impunity for a predatory power elite. Instead of constitutional failure, as anti-constitutionalist detractors would have it, the lack of substantive change should be ascribed to the ANC’s policy decision to embrace a neoliberal form of capitalism, while paradoxically continuing with post-socialist adherences. These are identified as the ‘two-stage theory’ of historical change, which is unpacked along with the related ‘national democratic revolution’ and ‘colonialism of a special type’. How the post-socialist imaginary gave succour to clashing ANC factions is shown–and how it created a political culture at best ambivalent to substantive democracy as envisaged in the 1996 Constitution, and at worst authoritarian. Lubricated by an ethno-racial populism akin to that seen elsewhere on the globe, anti-constitutionalism found policy expression in the new uMkhonto weSizwe Party, founded by former president of the ANC and of South Africa, Jacob Zuma, the main accused in South Africa’s grand corruption known as state capture.