A critical analysis of political corruption within the executive and the role of the constitution
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The achievement of constitutionalism in South Africa is often applauded for its pivotal liberation that it laid upon individuals through bureaucracy, human rights, institutionalism, and moral science. However, there should be a level of consideration for the idea of constitutionalism having also opened a gap that enables societies to operate in a destructive manner. Particularly, this paper asks whether in South Africa the current transformative constitutionalism grants permission for political corruption to exist within its civilisation. This study is meant to execute a critical analysis of the Constitution of the Republic of South Africa 1996 (1996 Constitution). Precisely focusing on the constitutional obligations set in Chapter 5 of the Constitution and its contribution on the rife of political corruption and disturbance among other constitutionally guaranteed provisions. Since the early 1900s, constitutional law in South Africa has always been a participating factor regarding the instability of the state, specifically when it comes to the powers given to the ruling government. Therefore, the relationship between political corruption and constitutional law is not a new age dilemma. However, there is a lack of literature contribution on the issue. This study will uncover the relationship between constitutionality and political corruption using the qualitative method based on legislation, judicial precedent, publications, and literature reviews. The aim of this research is to provide clarity within the battle of political corruption. This assessment is to touch on the history of constitutional law in South Africa and the constitutional obligations that are currently at war.