The ANC regards itself as a national liberation movement “in power”. This ambiguity has to disappear. The ANC is a governing party, no longer a liberation movement.
If one were to pass judgment on the ANC in the role of being both a national liberation movement and a governing party, one would simply state that it was a failure because in trying to be both the ANC has robbed the nation of the accountable and dynamic ANC that people were used to in the past.
This is partly as a consequence of the residual apartheid physical infrastructures and the economic power patterns. In this regard, some concern has been raised, and proposals like establishing a “deliberative democracy”, have been put forward. I find the concept of “deliberative democracy” attractive.
At the moment the ANC relies on its numerical majority in parliament to pass legislation that is sometimes perceived by minority parties as being unfair. You can’t always rely on the fact that you are “the majority”. It’s very dangerous, especially where racism was institutionalised and tribalism encouraged.
Rather, the ANC should use its majority to provide exemplary leadership by arguing better and presenting indisputable facts. This is where deliberative democracy comes in. It means that decisions and the legitimacy of the law are taken on the basis of deliberation, not merely on voting along party lines. There is nothing to be gained from having a constitution that is hailed as one of the best in the world when in the practical lives of the people it has no meaning.
This indicates that there is something wrong with our system of democracy as a nation. This does not mean the Constitution is wrong. We have to look at matters and processes much more deeply.
In fulfilling our obligations arising from the Constitution, practical concerns have arisen. Any living democracy must, in the course of its development, face new challenges that emerge. When these challenges arise, as a constitutional democracy we should be able collectively to undertake reviews and amendments.
There is no document that can guide people to better their lives without its being subjected to amendments too. (Although I must hasten to add that our Constitution cannot be amended willy-nilly by those with ulterior motives).
Justice Thurgood Marshall (1908 -1993) of the US had this to say about the US constitution “Today’s constitution is a realistic document of freedom only because of several corrective amendments. Those amendments speak to a sense of decency and fairness that I and other blacks cherish.”
South Africa is beset by accumulated disabilities that limit citizens’ ability to enjoy the fruits of freedom. In this regard, education is a distinct and critical equaliser. If the necessary urgency were to be given to basic education it could empower ordinary citizens to respond with confidence to the opportunities and constraints of modern society.
You may ask what this has to do with deliberate democracy. While this right must be enjoyed by all of South Africa’s people, because of Bantu Education under apartheid it is the education of blacks that needed more attention – and not only more resources. We needed the most capable among us to contribute towards the education of blacks. This also applies to all institutions of education, but the education of blacks has lagged behind in all areas – but more glaringly in mathematics and physics.
We must admit that while government had put resources to address the deficiencies in the education sector, its numerous experiments, especially with basic education, have crippled the very sector expected to be the foundation for developing the society we longed to have. On the one hand, we have a basic education system that delivers high school learners in many ways ill prepared for university and adult life. On the other hand, we have a system that seemingly puts emphasis on university graduates who end up with no employment opportunities in the industries in which they were meant to be employed.
Lastly, let me deal with appointments in government and in state organs. Many have raised concerns on the way these appointments are made. The Constitution provides the prerogative to appoint but it does so with the understanding that the interests of the nation are the basis of that appointment. This starts with the president who, in terms of the Constitution, appoints his deputy, then ministers, deputy ministers, heads of departments, and Chapter 9 (and many other) institutions that are pillars of democratic structures and include criminal justice system organisations and departments.
Again, Moseneke, reflecting on our experience as a democracy and the use of the powers of executive authority, highlighted this point: “The ultimate question is how best we may shield appointments of public functionaries to institutions that gird our democracy, from the personal preferences and vagary of the appointing authority?
“Finally, an equally important debate should be whether appointing members of the cabinet exclusively from the ranks of members of parliament best advances the duty members of parliament have to hold the executive to account. If their career logical advancement is within the national executive, are members of parliament likely to rattle the executive cage?”
This is a clear and straightforward contention. We must always be conscious of well-intended guidelines that result in unintended consequences which, in the long term, harm democracyby damaging the dignity and respect associated with high offices and positions of responsibility. Appointing non-performing and unqualified individuals into positions that serve citizens undermines that same authority and the trust given to it by society.
Khulu Mbatha has been an ANC member for over 40 years, holding various posts including chief of staff for former ANC secretary generals Alfred Nzo, Cyril Ramaphosa and Kgalema Motlanthe. He is a member of the “group of 101 stalwarts”, signatories to the document “For the sake of our future”.
Unmasked; why the ANC failed to govern (KMM Review Publishing) retails at R264.95
Contract to govern, not rule
If one were to pass judgment on the ANC in the role of being both a national liberation movement and a governing party, one would simply state that it was a failure because in trying to be both the ANC has robbed the nation of the accountable and dynamic ANC that people were used to in the past.
This is partly as a consequence of the residual apartheid physical infrastructures and the economic power patterns. In this regard, some concern has been raised, and proposals like establishing a “deliberative democracy”, have been put forward. I find the concept of “deliberative democracy” attractive.
At the moment the ANC relies on its numerical majority in parliament to pass legislation that is sometimes perceived by minority parties as being unfair. You can’t always rely on the fact that you are “the majority”. It’s very dangerous, especially where racism was institutionalised and tribalism encouraged.
Rather, the ANC should use its majority to provide exemplary leadership by arguing better and presenting indisputable facts. This is where deliberative democracy comes in. It means that decisions and the legitimacy of the law are taken on the basis of deliberation, not merely on voting along party lines. There is nothing to be gained from having a constitution that is hailed as one of the best in the world when in the practical lives of the people it has no meaning.
This indicates that there is something wrong with our system of democracy as a nation. This does not mean the Constitution is wrong. We have to look at matters and processes much more deeply.
In fulfilling our obligations arising from the Constitution, practical concerns have arisen. Any living democracy must, in the course of its development, face new challenges that emerge. When these challenges arise, as a constitutional democracy we should be able collectively to undertake reviews and amendments.
There is no document that can guide people to better their lives without its being subjected to amendments too. (Although I must hasten to add that our Constitution cannot be amended willy-nilly by those with ulterior motives).
Justice Thurgood Marshall (1908 -1993) of the US had this to say about the US constitution “Today’s constitution is a realistic document of freedom only because of several corrective amendments. Those amendments speak to a sense of decency and fairness that I and other blacks cherish.”
South Africa is beset by accumulated disabilities that limit citizens’ ability to enjoy the fruits of freedom. In this regard, education is a distinct and critical equaliser. If the necessary urgency were to be given to basic education it could empower ordinary citizens to respond with confidence to the opportunities and constraints of modern society.
You may ask what this has to do with deliberate democracy. While this right must be enjoyed by all of South Africa’s people, because of Bantu Education under apartheid it is the education of blacks that needed more attention – and not only more resources. We needed the most capable among us to contribute towards the education of blacks. This also applies to all institutions of education, but the education of blacks has lagged behind in all areas – but more glaringly in mathematics and physics.
We must admit that while government had put resources to address the deficiencies in the education sector, its numerous experiments, especially with basic education, have crippled the very sector expected to be the foundation for developing the society we longed to have. On the one hand, we have a basic education system that delivers high school learners in many ways ill prepared for university and adult life. On the other hand, we have a system that seemingly puts emphasis on university graduates who end up with no employment opportunities in the industries in which they were meant to be employed.
Lastly, let me deal with appointments in government and in state organs. Many have raised concerns on the way these appointments are made. The Constitution provides the prerogative to appoint but it does so with the understanding that the interests of the nation are the basis of that appointment. This starts with the president who, in terms of the Constitution, appoints his deputy, then ministers, deputy ministers, heads of departments, and Chapter 9 (and many other) institutions that are pillars of democratic structures and include criminal justice system organisations and departments.
Again, Moseneke, reflecting on our experience as a democracy and the use of the powers of executive authority, highlighted this point: “The ultimate question is how best we may shield appointments of public functionaries to institutions that gird our democracy, from the personal preferences and vagary of the appointing authority?
“Finally, an equally important debate should be whether appointing members of the cabinet exclusively from the ranks of members of parliament best advances the duty members of parliament have to hold the executive to account. If their career logical advancement is within the national executive, are members of parliament likely to rattle the executive cage?”
This is a clear and straightforward contention. We must always be conscious of well-intended guidelines that result in unintended consequences which, in the long term, harm democracyby damaging the dignity and respect associated with high offices and positions of responsibility. Appointing non-performing and unqualified individuals into positions that serve citizens undermines that same authority and the trust given to it by society.
Khulu Mbatha has been an ANC member for over 40 years, holding various posts including chief of staff for former ANC secretary generals Alfred Nzo, Cyril Ramaphosa and Kgalema Motlanthe. He is a member of the “group of 101 stalwarts”, signatories to the document “For the sake of our future”.
Unmasked; why the ANC failed to govern (KMM Review Publishing) retails at R264.95
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending Now
Latest Videos