Davis J in Democratic Alliance v SA Broadcasting Corporation Soc Ltd  (12497/2014) [2015] ZAWCHC 182 (27 November 2015) at para [1].

“The Republic of South Africa Constitution Act 108 of 1996 (‘the Constitution’) sought to reimagine the relationship between the represented and those who were elected to represent, we the people of South Africa.  It was envisaged that this particular model of democracy would transcend the voting process as constituting the only basis of political participation, particularly as it is an event that only takes place every five years.  It was intended that governance would take place within a meticulously legally constructed framework of legal rules and principles, the latter of which are set out in detail and considerable care in the 1996 constitutional text.  As the custodian of this text, courts are called upon to make a range of policy orientated decisions, many of which are saturated with polycentric consequences, others of which raise controversial political questions and all of which may well place the courts at the centre of political debate.  However controversial the implications of a judgment, the judicial task is to ensure that government adheres to and promotes the values and principles in the Constitution and thus complies with the overarching principle of legality.  Recourse to the concept of deference to the manifestation of the popular will, as sourced in the policies of the majority party in Parliament, must be located within this context.  See in particular Karl Klare ‘Self-Realization, human rights and the separation of powers: A democracy-seeking approach’ 2015 Stellenbosch Law Review 465”.