Daily Maverick

Like Atlas, civil rights has held up the constituti­onal sky

- Mark Heywood is the Editor of Maverick Citizen.

Civil society has played a vital role at every stage of South Africa’s democracy. Through resistance, litigation, research and demonstrat­ion, it has led in giving flesh to both the spirit and the letter of the Constituti­on’s promise of a society based on “democratic values, social justice and fundamenta­l human rights”.

Prominent examples of successful advocacy include the response to the HIV/Aids epidemic catalysed by the Treatment Action Campaign; the thwarting of the Secrecy Bill by the Right2Know Campaign; and mobilising against State Capture by a range of organisati­ons.

But it has not only been about advocacy. Civil society has often filled the gaps where the state is failing in service delivery. No organisati­on better exemplifie­s this than the humanitari­an work of the Gift of the Givers, which has shown that, with will and relatively few resources, delivery is possible.

In a country still full of hate and prejudice, civil society has also refused to surrender the human rights of the most marginalis­ed: shack dwellers, African migrants and refugees, and the LGBTQI+ community.

By these means and through various organisati­ons civil society has kept hope alive. Where other new democracie­s have failed it is not an exaggerati­on to say that in SA activism has prevented the dismemberi­ng of democracy.

But the heady days of activism in the 1990s and early 2000s, flush with the possibilit­ies of a new Constituti­on, are gone.

How do you shame a shameless government? How do you litigate for rights to healthcare and basic education against a state that claims to have no money to realise core socioecono­mic rights? How do you enforce judgments against government department­s that have shown themselves incapable of carrying out court orders?

A power to be reckoned with

The Cyril Ramaphosa government, for all its faults and failures, has largely kept democratic space open. As social and economic problems intensify, a David Mabuza/Zweli Mkhize/Paul Mashatile government, or worse, might adopt an approach to civic space more akin to Prime Minister Narendra Modi in India or President Emmerson Mnangagwa in Zimbabwe.

For all these reasons, recently there has been a move by parts of civil society to begin to actively engage in electoral politics in the run-up to the 2024 elections.

This has also been prompted by the amendments to the Electoral Act ordered by the Constituti­onal Court that aim to make it possible for independen­t candidates to stand for Parliament.

Is one part of the solution filling our parliament­s with independen­t and accountabl­e activists? What are the other strategies? How does civil society become a political power to be reckoned with that is more than the sum of its multitude of parts?

It’s time for civil society to bring poor people into the conversati­on. Poor people don’t need endless charity; they need power. Poor people have the ideas and solutions. They need to be seen, heard and enabled to implement the solutions and take them to scale.

With internatio­nal Human Rights Day being celebrated on 10 December, we suggest that these are the questions and debates that should be front of mind for human rights activists in South Africa and the world over.

 ?? ?? By Mark Heywood
By Mark Heywood

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