Coalition: DA plays a divisive game

The Democratic Alliance's rush to court over debates it has lost – such as employment equity – amounts to an abuse of the law

- David Maimela

The latest political action by the Democratic Alliance (DA) to challenge the employment equity regime through the court system may be akin to stirring the hornet's nest. It is evident that it is a strategic move, but a folly in the context of a political party that is a partner in a coalition government – the government of national unity (GNU).

Instead of learning to influence policy reforms in a new terrain and helping South Africa shape the nature of coalition politics, the DA has chosen to divide South Africa.

Like all political parties, the DA has the right to approach the courts or any of the Chapter 9 institutions to seek relief of one kind or another. The Constitution provides the space to do so. But political parties cannot abuse the right simply because they lost a debate.

There is, of course, a relationship between law and politics. And, yes, the law can be a theatre or instrument to pursue politics. But it is advisable for political parties to have a strategic gaze that is more than the narrow confines of the law when dealing with political issues. Strategy is about the theory of change, which must help each political party to pursue a certain vision for society.

I want to suggest that the DA has chosen yet another ill-advised political tactic, which could prove fatal and undermine its strategic objectives and the interests of its constituency.

All of this happens in the context where, in recent years, there has been a rise of lawfare in our politics; both inside political parties and parliament, and between political parties and government. I am yet to be convinced that this is the right way to evolve our democracy.

The move by the DA follows in the footsteps of this suspicious trend – a trend where if you lose democratic debate, then you run to the courts.