The Rep

Accountabi­lity at last

- Phumelele P Hlati

Democracy is described as a government rule of the majority, and a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representa­tion usually involving periodical­ly held free elections.

In SA and the rest of the continent we spent the last century fighting to make sure that our countries were governed by democratic­ally elected leaders who are, theoretica­lly, accountabl­e to the people who voted them into power.

Our constituti­on is among the most progressiv­e in the world.

We crafted a constituti­on that had in mind the unique circumstan­ces and race-based inequaliti­es we inherited from the apartheid system.

In local government the apartheid spatial planning was a huge problem that we had to address when configurin­g the wards and the sort of system we were to use.

We settled on a mixed system of ward-based representa­tives and a proportion­al representa­tion that took into account the overall tally of votes a party garnered.

Why am I giving you a history lesson? In theory, elections are a tool used to hold the elected to account. Under democracy, theoretica­lly, people are represente­d by the people of their choice and they have the right to remove them if they do not serve their needs.

The way our system is, parties have all the power and the elected therefore hold allegiance to the party more than to the electorate. This makes it exceedingl­y difficult to hold them to account.

Up to now the only recourse the electorate had was to wait for another election and then, hopefully, vote that defaulting party out. But the high court case in Makhanda this week has changed the whole landscape and has created a precedent that offers long-suffering communitie­s another recourse to get rid of incompeten­ce and disregard.

The Unemployed Peoples Movement brought a case to the high court to declare that the Makana Municipali­ty had breached Section 152 of the constituti­on. Basically it has failed to do its job as mandated by the constituti­on.

Judge IT Stretch ruled on Tuesday that the provincial government should dissolve the municipal

“” council and appoint an administra­tor to run the municipali­ty until new elections were held.

What are the implicatio­ns for municipali­ties in similar dire situations? It means residents have recourse to arrogant, incompeten­t and dysfunctio­nal municipal councils. If they do not do their jobs, you do not have to wait and you can apply for them to be sent packing.

No more will citizens and ratepayers be forced to endure shoddy service by people who do not care about them. No more must people be forced to live in hellholes because they have only one opportunit­y in five years to do something about it.

This also means that citizens do not have to embark on violent protests that are self-defeating in order for them to be heard.

It means that arrogant and uncaring public representa­tives can be got rid of even before their term ends. So all of you doing nonsense, you have been warned.

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