They told us that democracy was the will of the people prevailing, safe guarded, overseen, checked & balanced by the separation of powers.
This suggests that the executive, legislature and judiciary stand alone to ensure the interests of the people are served by all arms without the unilateral interference of any one over the other, while the legislature and judiciary can hold the executive to account, ensuring the will of the people is dispensed.
Sounds like a full proof system, right? However, what they neglect to tell us is among these separate institutions, one of them has overbearing influence and power over all.
To compound that, there is yet another unaccounted for institution that has great coercive power to which all acquiesce with none having influence upon it in return. Its Power is autonomous, absolute and falls outside the ambit of state and its three institutions.
Let’s take a look at the judiciary for a moment: it’s a power and institution that has overreaching authority upon all other two powers and institutions.
In Zimbabwe for example, we have a constitutional democracy, and what this means is our constitution is the supreme law of the land and that law is held in custodianship, interpreted and dispensed by the constitutional court which falls squarely under the judiciary.
Furthermore, the judiciary makes the law, contrary to common belief that parliament makes the laws. This is because parliament contributes only one source of law: legislation, while there are four other sources of law that parliament has no power to institute: Roman Dutch Law, Common Law, Case Law, Constitution (Unless the parliament changes the constitution), international law and convention and to a lesser extent customary law.
As a real practice case study. A few months ago Zimbabweans went to the poles, after which the whole process had to wait for a bench of judges to tell us who our president would be.
Zimbabweans had supposedly undertaken a plebiscite to exercise an inalienable right to choose a leader. However, at the end of the process our leader was not chosen by us or parliament but by a select bench of the constitutional court using laws not written by parliament. The con-court circumvented our right.
With this you will realize that technically speaking, the judiciary has the power to create laws that subjugate the people and all other two branches of power which are meant to be separate.
Anti-African South African Constitution
We see this in practice in South Africa where a minority of citizens were basically granted rights to maintain apartheid legally by sustenance of the status quote. This has resulted in white South Africans continuing to dominate the levers of the economy by holding onto the proceeds and benefits of the crime of apartheid through inequitable, anti-African safeguards in the South African constitution.
More concerning is how even foreign judiciary can have an impact on a nation, its citizens, executive, and legislature through what are known as [International] conventions.
In this case Zdera sanctions removal, resolutive conditions, enjoin Zimbabwe’s land reform to be subject to the rulings of the SADC Tribunal of 2009.
This ruling orders the Zimbabwean government to reverse the fast track land reform. Land must be returned to white farmers and any future land reform in Zimbabwe must pay full compensation for land and improvements to [white] farmers.
This ruling comes despite Rhodesians never paying reparations for 90yrs of colonialism. It goes against the Zimbabwean constitution’s decolonization agenda, it goes against the UN Charter for decolonization, the pursuant treaties and the spirit of redressing the crime against humanity of colonialism.
Nevertheless this colonial ruling stands and is binding Zimbabwe to date as international law, and without us following the foreign ruling, there is a chance US embargoes on Zimbabwe remain for generations to come. The consequence being a foreign policy of another nation continues to influence our nation more than the so called Zimbabwean constitutional democratic state.
So as illustrated above, in a constitutional democracy, the judiciary’s power [internal or external] over all the other three branches becomes axiomatic even though the judiciary needs agents to give its power effect.
By deduction, the custodians and implementers of the constitution and law [the supreme law] rule the nation. In hindsight, this is the veto power that the Broederbond is using to run South Africa as a shadow gvt.
Having said that, there is the providence that even the judiciary is subservient to. This Power has the capacity to put people in the executive, remove people from the executive, creates most constitutions, buys legislators, buys judgments and armies, but this power is not a part of state power.
Capital is its name. A Power so ubiquitous that every institution is not only influenced by it but their very existence and that of the actors in the institutions is dependent on this element, which lies in the hands of private capital -banks.
When looking at the case study of all failed states, states that failed to deliver the will of the people, the major reason for failure was capital or at least the absence or manipulation of it. Be it a weak military with no training or lack of up-to-date weapons, a brain drained judiciary, a parliament of inept or incompetent legislators, coups or civil unrest, propaganda, negative media publicity, it all boils down to capital.
Not only is the power of capital potent and omnipresent, its ever growing exponentially catalyzed by the incendiary of fractional reserve banking, so much so that it should not be entirely private but it should be partially held by state in the form of a state bank instead of a private reserve bank.
Otherwise then nations are simply run by a secret, unelected, privately owned, global, cabal that reports to no one and that has suzerainty over the four powers of state. Surely, a nation run by men not elected to power and men only serving their private interest, can not be a democracy.
Then there is the army that can usurp the power of the executive, legislature and judiciary in one fell-swoop.........A power I will speak of in a future installation.
Rutendo Bereza Matinyarare Of Frontline Strat Marketing and Chirandu Media