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IOL News
23-06-2025
- Politics
- IOL News
What ConCourt gave our democracy in the past 30 years
Chief Justice Mandisa Maya delivers an address during an event marking the 30th anniversary since the establishment of the Constitutional Court in South Africa. The Constitutional Court has done excellently in giving us the scope and content of our human rights in the policies and laws passed by legislative bodies, says the writer. Image: Jairus Mmutle/GCIS Nkosikhulule Nyembezi THE 30th anniversary celebrations of the Constitutional Court's existence remind us of a lesson we have long since learned but have not yet sufficiently practised. The lesson is grounded in principle and experience. The principle is that we accept that the Constitution tells us that universal adult suffrage, a national common voters' roll, regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness are some of the values on which our state is founded. Our Constitutional Court has done excellently in giving us the scope and content of our human rights in the policies and laws passed by legislative bodies, such as in the 2006 African Christian Democratic Party case where it found that the right to stand for public office and the right to vote in free and fair multi-party elections 'form the high water mark of democracy.' It gave us human rights vocabulary and terminology identical to its judicial authority, such as in the 1999 August case permitting prisoners to vote where it found that the universality of the franchise is important not only for nationhood and democracy, but also because 'the vote of each and every citizen is a badge of dignity and of personhood,' as 'quite literally, it says that everybody counts.' It gave us an aversion to domination and abuse of power by not imposing itself on lower courts and other government branches. It gave us a human rights culture that is kindly reluctant to become obsolete, as it did in the 2020 New Unity Movement case that opened space for independent candidates to contest national and provincial elections along with political parties. It gave us the tools to withstand a divisive and exclusionary world of party politics. It ruled that the right to vote and the right to stand for public office 'are not dependent upon membership of, and support by a political party. They are equally available to all adult citizens.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ It also ruled in the 2015 Kham case that although independent candidates may not have had the support of the big electoral battalions, they are 'entitled to stand for election and to be treated in the same manner as political parties.' This was our exposure therapy. It gave it generously. It gave us the ability to talk to anyone about human rights violations because we could not stand the awkward silences that our historical political polarisation provided, as in the 2016 Mhlophe case where it found that 'while every adult citizen enjoys the right to vote, the guarantee of free and fair elections is extended to every citizen regardless of age or active participation in voting. Even disenfranchised citizens and children are entitled to demand that elections be free and fair because, following an election, there must be a government for all and not only those who voted for the ruling party.' It gave us a cosy positioning of political parties in our multi-party democracy system which are private organisations fulfilling a public function, such as in the 2012 Ramakatsa case where it ruled that they are 'the veritable vehicles the Constitution has chosen for facilitating and entrenching democracy' and are the 'indispensable conduits for the enjoyment of the rights.' But citizens have paid a heavy price, and our democracy has suffered under selfish political parties that cannibalistically act as vehicles to articulate narrow group aims, failing to nurture political leadership, incompetent to develop and promote policy alternatives, and unable to present voters with alternative coherent diverse electoral choices. Things never seemed to be going well, so they gave the citizens and the Constitutional Court judicial instability and jurisprudential uncertainty anxiety, too. The lack of party cohesiveness in legislatures has contributed to stability that has spilled over to the courts because of the high volume of unnecessary cases – especially in a parliamentary democracy in which the majority party forms the government and legislators from that party usually support the political programmes and policies formulated by the members of the executive because of the enforcement of strict party discipline. We gave it things, too. We gave it some disappointment when we did not implement judicial decisions. Then we gave it gratification when we did, not just in a tick-box fashion, but in building a human rights culture and a resilient constitutional democracy. In that way, the citizens and the court gave our democracy something to marvel at. Our experience is that when independent candidates contest elections alongside political parties and give us as citizens the power to make political choices freely, we will benefit because of the diverse views expressed in election manifestos, how using citizen voting power will strengthen accountability and political control give legitimacy to political power, how participating in processes that will lead to peaceful change in power will enhance political stability and handing down to the young socially constructive values. This experience has been validated in the life of communities in every municipality ward, as this often manifests in the diversity of issues candidates canvass with local communities, including community-specific issues overlooked by political parties. Independents and party candidates still face appalling abuses. These include: political violence, pulling down and defacing of election posters, and political murders simply because they have disassociated from and are challenging established political parties. Some say all this is the legacy of a violent political culture and there is nothing anybody can do to eradicate it. I say it is criminal and we each must stop it.
The Citizen
29-04-2025
- Politics
- The Citizen
Gauteng government setting ‘terrible example' by owing City of Ekurhuleni R382.3m
ACDP said it's not fair that government departments are treated differently to residetns when it comes to paying municipal bills. City of Ekurhuleni signs near the Germiston Civic center, 10 October 2022. Picture: Neil McCartney / The Citizen The African Christian Democratic Party (ACDP) in Ekurhuleni says it is 'shocked' that the Gauteng government owes the municipality R382.3 million for water and electricity. ACDP councillor Palesa Yates told The Citizen on Tuesday that R41.1 million of the amount owed has been owed for more than three months. 'The ACDP recently asked a question in council on the matter and was shocked to discover that various departments of our provincial government owe the City of Ekurhuleni R382.3 million. 'The Gauteng provincial government must pay its water and lights accounts on time,' Yates said. Government departments that do not pay their municipal bills on time set a 'very bad example to residents' who have their electricity cut off for non-payment, she added. 'It is not fair that government departments should be treated differently from ordinary residents,' she said. ALSO READ: City of Ekurhuleni and its R1.6 billion Eskom debt – How will it affect residents? More government entities owe the municipality Written replies to questions in council revealed that other state entities also owe the municipality. 'According to question responses tabled in council, the South African Revenue Services (Sars) owes R1.6 million, the Department of Correctional Services owes almost R17.6 million, and the Department of Infrastructure Development owes almost R170 million in rates,' she said. Yates said it is difficult to cut off municipal services for government departments and entities. 'The city forces residents to pay by cutting off their water and lights; but this can be a challenge when it comes to some government departments like basic education or health, for example. 'It would be wrong to cut off water to a hospital, for example, because patients will suffer. Different tiers of government, however, have platforms where they can engage. Robust engagements need to happen,' she said. Ekurhuleni's debt collection campaign Last year, the City of Ekurhuleni launched a campaign to recoup more than R26 billion from residents and businesses who have defaulted on their municipal accounts. During the launch of this campaign, the MMC of Finance, Jongizizwe Dlabathi, told The Citizen that residents who owe the municipality for services should pay or have their lights cut off. He advised that those struggling to pay should contact the city. What is the importance of paying for rates and services? Meanwhile, Yates said if metros and municipalities are not paid for services, they will run out of money to do maintenance work like fixing potholes and dealing with power outages. 'All users of municipal services must pay – unless they are indigents,' she said. The Citizen contacted the Gauteng provincial department for comment about its debt to the City of Ekurhuleni. However, the provincial government's spokesperson, Vuyo Mhaga, referred the media enquiry to the Gauteng Department of Infrastructure Development (DID). No response was received from DID at the time this article was published. NOW READ: The race to save Johannesburg: Who has the best plan to rescue the city?
Eyewitness News
23-04-2025
- Politics
- Eyewitness News
Kenneth Meshoe defends ACDP's controversial Israel trip, says party won't join GNU
Tshidi Madia 23 April 2025 | 9:00 Rev Kenneth Meshoe, founder of the African Christian Democratic Party. The ACDP, which is only represented by 3 members of parliament in the national assembly and tends to fly below the radar, has been at the heart of public discourse in recent weeks following a controversial, privately funded, multi-party trip to Israel, undertaken by some of its members alongside a few other MPs from the DA and PA last trip, titled a 'fact-finding mission,' has come under much scrutiny, following its findings which claim there is no evidence of apartheid in Israel, it further described the country as a vibrant, progressive, multi-racial and multi-ethnic society. The difficulty with this view, for many, is it's a sponsored one-sided view of what's happening in the middle east and is this is at odds, with what South Africa's government has been involved in a retaliatory onslaught against Palestine following the October 2023 attacks, however this is part of a longer battle by the Palestinians to self-determine, this as they have continuously argued that they are being pushed off their land, with those living in Gaza comparing it to being in an open prison. ACDP leader Kenneth Meshoe joined Politricking with Tshidi Madia, an EWN politics podcast, defending his own party members' participation in the trip. He also spoke on the future of his organisation, while sharing his views on South Africa's own tensions with the U.S and why the ACDP could never join the government of national unity coalition.'When you have a constitution such as we have in South Africa, that promotes freedom of conscience, freedom of movement, freedom of association, how can I say no to a member of the ACDP who says my faith was started in Jerusalem, my faith is embedded in the in the Middle East…I have said to ACDP members, anybody who wants to go, go,' said said it was not his responsibility to vet who his party members were traveling with, let alone the meetings they participated in whilst in Israel, insisting that his MPs know his organisation's values and would not act out of line with its Christian party is a vocal supporter of Israel and has publicly refused to back the country's successful bid to have attacks on Gaza declared genocidal in the international court of it argued was because it believed South Africa could have played a more constructive role in influencing Hamas to surrender and release hostages kidnapped in the October 7th argued that South Africa has lost its right to play the role of an honest said theirs wasn't a stance aligned to politicians and went on to discuss his own experiences of Israel, which also, did not include a detour to the west bank, to see firsthand if claims of conflict were real or not. He also insisted the Middle East experience is nothing like apartheid, which his own country has experienced.'In South Africa, you go to the beach, there were those benches; whites only, [in Israel], you go to the beach, you see people of different colours swimming together. I nearly got a heart attack when I saw that… when I went to a hospital, a children's Hospital… to see Muslim mothers with their babies and to see Arab doctors there,' he Reverend did however bemoan the countless reported fatalities in as he continued to defend Israel, raising concerns over what he said were 'attempts by politicians in the country to remove Israel from the face of the earth.''If you have people talking about eradicating a nation, I would never agree with that,' he also shared his thoughts on President Cyril Ramaphosa's appointment of Mcebisi Jonas as the special envoy to the U.S, this as the country tries to thaw an increasingly frosty relationship with the western superpower. He said South Africa should have acted much faster.'They are late, what they are now wanting to do with Jonas should have been done from the very beginning, its like they were caught napping,' he said a delegation should have been sent immediately after U.S President Donald Trump started publicly echoing some of the disinformation regarding the country's policies on land expropriation and claims of attacks targeted at white said this was a far better approach than ones which might be seen as antagonistic to the U.S.'When we fight fire with fire, it doesn't produce the desired results, and unfortunately at the beginning, if you listened to the language that was being used by our people, it was terrible. It was as if they were fighting, now they are cooling down because they realise you cannot win this fight,' said a local front, he said due to his party's policies, it realised it could not join the government of national ACDP is anti-abortion rights and takes issue with the recognition of the rights of the LGBTQI+ community, both of which are covered and protected by this country's constitution.'We couldn't not avoid policy clashes and obviously when we see what happens between the DA and ANC, we realise that the same would be happening, even on a smaller scale [with us,] said as he defended his party's policies, whilst arguing that partnering with parties in the GNU would have had a negative impact on the performance of ACDP Reverend went on to describe the two largest parties in the national coalition as a disappointment.'People have double-tongues,' he said the two major parties all say they care about citizens but their actions, more so during the ongoing proposed budget statement have let the country down.'They have said one thing and did the opposite of what they've said,' he his part, Meshoe said his party would have voted in favour of the fiscal framework had it not been for the proposed VAT increase, which kicks in next interestingly enough, continued to believe the ACDP's time to shine is yet to come, this despite being on the ballot for all of the country's general elections and failing to capture the electorate's imagination, he believes the fall of the ANC, might be to his party's benefit. 'Everything has its own time, there's time to smile, a time to frown… watch what's going to happen in the next few years,' he concluded.
