Reform constitution to give power to the people
THERE can be little doubt, if any, that the national Constitution of the Republic of South Africa was crafted to afford all citizens their rightful place in a land once besieged by the most horrendous form of man’s inhumanity to man.
This document, which heralded a new dispensation of governance, compelled all of us to pay obeisance to an act of government that signalled a democratic order once thought impossible.
The founding fathers of our Constitution envisioned the ideal society – free of oppression, discrimination and injustice.
There was going to be equality, fairness, justice and freedom as the inalienable rights of all would be upheld to bestow the human dignity that was unceremoniously removed by an act of the pen and cruelly maintained by the force of the bullet.
The South Africa of yore taught us many lessons as the exponents of apartheid pillaged and purloined the rights and dignity of a vast majority of the people, through acts of humiliation and bondage that made a mockery of the term “human being”.
While the resistance and outcry to acts of extreme inhumanity fell on almost deaf ears, it was going to be only a matter of time before such resistance was going to lead to the capitulation of the once mighty “masters” and the writing on the wall became all too evident.
A Constitution of a country defines the ethos of its people. It reflects the quality of life that must be led. It determines the values and aspirations of a society that lends credence to equal and fair opportunity devoid of any advantage of one person over another – a benediction of sorts.
The idealism of all enshrinements in such a Constitution cannot and must not be limited to just idealism. It must be capable of translating into reality what it states and in this respect adherence to its tenets becomes all encompassing. That is how the South African Constitution was designed and its construct delineates the society we all aspire to.
But what has gone wrong? Why are we constantly in the throes of dispute, conflict and almost egregious polarisation against one another?
Why – if the magnanimity of our Constitution dictates that better life for all – are we degenerating into a chasm of hatred, mismanagement, political uncertainty and economic despair?
In my view, many of the public representatives who purport to serve the interests of the people are no more than mere puppets of the political parties they represent.
Some, as career politicians, view their vocation as a means to a self-serving end and not as a selfless devotion to the betterment of life of all the citizens of this country.
The manner in which our Constitution was designed at the time, was to determine a course that seemed both as a means of appeasement as well as a means to redress many of the inequities that South Africans experienced. To a large extent this has been achieved but herein lies a dilemma that confronts us all.
Is our Constitution so strong and powerful that it is capable of addressing the needs and aspirations of all the people all the time as the winds of change constantly breeze along bringing with it new ideas, new aspirations and new ideologies?
The world stage is in constant flux and we have to adapt as equally. To this end, our Constitution fails us in ways we may yet regret if we do not adapt.
Most notably is the manner in which public representatives are placed in office. It is a given that the manner in which most are “elected” is not entirely democratic.
The proportional representation system employed means that only at local government level do we have people “elected” and that too, only in part.
The mixed representation system in South Africa means that we do not directly elect people into public office but use political parties as proxies. This can never mirror the true idealism of what a classic democratic order is all about.
Noting that the prime objective of a political party is simply to grasp power, their internal machinations in having people toe the line means that the proletariat is not privy to the capabilities and commitment of individuals chosen to “represent” them.
By and large we have become acceptant of what we have. Our politics has become diluted by power struggles within political parties and that is apodictic of the diminished true representivity of the people.
How many of us even know the MPs in Parliament – the so called lawmakers – who allegedly represent our constituencies and our interests? How many MPs have actually engaged their constituents to educe areas of concern? Yet during vote harvesting season they are seen all over the place, even knowing people by name suddenly.
A government of the people, by the people and for the people must mean exactly that. What was certainly an expedient aspect when the Constitution was first drafted is fast becoming a monster that is devouring the very democracy we all so cherish.
I suspect very few political parties will be overtly amenable to have a constituency based electorate as this will realistically devolve their power into the hands of the people but we cannot escape the truth that our proportional representation system is miring us into realms of governance that is becoming untenable.
How can we call it a democratic order when about 4 700 out of a possible 55 million people can potentially decide who the next president is?
If we are to bequeath to those future generations a political order worthy of a democratic cause, then we have to reform our Constitution.
Real and tangible changes to the political order that currently exist may seem unpalatable to those in pursuit of power, but such changes are a necessary “evil” if we are truly to entrust governance to those who are open, accountable and absolutely transparent in their service to this country and its people.