OPINION: The questions which beg for attention are the following: What does the proposed change mean for our democracy? How will the proposed change impact the Constitution? Most importantly, how will the proposed Bill affect the electorate?
By Bheki Mngomezulu
Democracy found us as South Africans unprepared. When the ANC launched its military wing Umkhonto we Sizwe in 1961, the resolve was to take power from the apartheid regime by force. As years passed by and as the ruthless apartheid government launched attacks in neighbouring countries as evidenced by the Matola massacre in Mozambique and other countries like Zambia, Lesotho, Botswana, Zimbabwe, etc., any hope of getting the much-yearned for freedom dwindled.
FW De Klerk’s ascension to power following the National Party’s victory in 1989 reconfigured the country’s political landscape. Unlike his stubborn predecessor, PW Botha, De Klerk acknowledged the pressure exerted on his minority government – both from within South Africa and Africa in general and from the international community. By this time, South Africa had long been dubbed “the pariah state,” an outcast.
In his historic speech in parliament, De Klerk stated that changes in South Africa were irreversible. Indeed, from 1990, the Groote Schuur Minute of 4 May 1990 and, later, the Pretoria Minute of 6 August 1990 confirmed De Klerk’s assertion that changes were irreversible. The negotiations that took place between the ANC and the NP, as well as the Codesa talks which followed, mapped the way forward.
But, the speed of these processes meant that there was very little time to prepare for the envisaged democratic order. Even the ANC’s policy document titled ‘Ready to govern’ (1992) only skated over the surface and did not demonstrate in concrete terms that the ANC was ready to govern. The prolonged liberation struggle left the freedom fighters convinced that the fight for liberation would be sustained for much longer.
When the wheels of democracy started moving faster, everything had to be done in a rush. The Interim Constitution of 1993, the final Constitution of the Republic of South Africa (Act 108 of 1996) and the Electoral Act (No.73 of 1998) were compromise documents. They were put together in the reconciliatory spirit.
The black majority had to bend backwards in order to make it possible for the white minority to agree to a peaceful solution to the country’s woes. With almost 30 years into democracy, questions are being raised about some of the decisions we took as a country.
The Electoral Amendment Bill should be seen within this broader historical context.
The Electoral Amendment Bill (B1-2022) aims to amend the 1998 Electoral Act. Among other things, this Bill aims to include independent candidates as another segment that is allowed to contest elections at both national and provincial levels.
The Bill also aims to ensure that these independent candidates are subjected to scrutiny by communities who may object to them standing for office. It also aims to ensure that these independent candidates, like political parties, are bound by the Electoral Code of Conduct. If elected, independent candidates can become Members of Parliament (MPs) and members of the Provincial Legislatures (MPLs).
Now, the questions which beg for attention are the following: What does the proposed change mean for our democracy? How will the proposed change impact the Constitution? Most importantly, how will the proposed Bill affect the electorate? All these are pertinent questions that need to be expounded.
However, due to time and space constraints, I will provide succinct responses.
On the envisaged impact on democracy, my view is that the proposed Bill will contribute to democratic consolidation. It has become clear that political parties can no longer be trusted. They lure voters using manifestos but renege after the election and forge deals with other parties without consulting the electorate. The voters’ voice is thus undermined.
Independent candidates will be closer to the people compared to political parties which demonstrate elitist tendencies. They would be directly accountable to the voters as opposed to those who toe party lines and ignore the electorate.
The Constitution will not be negatively affected by this Bill, if it succeeds. Chapter2 on the Bill of Rights outlines different rights. Section 19 focuses on political rights. While spending time on political parties, Section 19(1)(c) states that one of the rights is “to campaign for a political party or course.” This “course” does not necessarily have to be advanced by a political party. Independent candidates could play that role too. Moreover, Section 19(3)(b) states that “every adult citizen has the right to stand for public office and, if elected, to hold office.” From this synopsis, the proposed Bill will not be in contravention of the Constitution.
Regarding the third question, the electorate would be spoilt for choice. They would be free to vote for candidates directly as opposed to voting for their parties which field candidates which voters do not like.
Flowing from the above, I fully embrace the proposed Bill. It has prospects to address some of the current challenges.
* Bheki Mngomezulu is Professor of Political Science and Deputy Dean of Research at the University of the Western Cape.
** The views shared here may not necessarily be shared by that of IOL.