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NUMBER 51 UMRABULOUMRABULO NUMBER 51 | 2021 U April 2021 LET’S TALK POLITICS 1 ELECTORAL SYSTEMS AND REFORM U UMRABULO NUMBER 51 | 2021 UMRABULO CONTENTS IN THIS ISSUE NUMBER 51 | 2021 UMRABULO was a word used to inspire 3 EDITORIAL COMMENT political discussion and debate on Robben Island. This concept was revived in 1996 when the ANC published the first edition of Umrabulo. Umrabulo’s mission is to advance 5 Genesis Behind ANC Support for political education by encouraging debate and Proportional Representation discussions at all levels of the movement. by Justice Albie Sachs CALL FOR CONTRIBUTIONS Umrabulo welcomes contributions from readers. Contributions may be in response to previous articles or may raise new issues. Contributions 10 Changing Electoral System Talks must be sent to the address below. Is Much Ado About Very Little DISTRIBUTION LIST by Professor Steven Friedman To be added on the Umrabulo Distribution List, send your email address and/or WhatsApp number to [email protected]. Prospects For An Accountability Based EDITORIAL TEAM 14 Editor-In-Chief: Nathi Mthethwa Electoral System Deputy Editor-in-Chief: David Masondo by Lawson Naidoo Editor: JP Louw Editorial Team 2 Lindiwe Sisulu, Naledi Pandor, Obed Bapela, Joel Netshitenzhe, Tito Mboweni, Barbara Creecy and 19 The Unconstitutional To The Constitutional – Nkhensani Kubayi. A Refined South African Electoral Model Peer-review team: Andries Nel; Dipuo Mvelazi; Fébé Potgieter; Kwara Kekana; Mandla Nkomfe; by Daryl Swanepoel Marissa Van Rensburg; Msingathi Sipuka; Sarah Mokwebo and Tebogo Phadu. The team supports the work of the Editorial Team through critically proof-reading and sub-editing submitted articles. Production and Publishing: Donovan Cloete ANC DIP Media Production Unit. CONTACT INFORMATION Address: Umrabulo PO Box 61884 Marshalltown, 2107 South Africa Tel: 011 376 1000 Fax: 086 633 1437 E-mail: [email protected] The contents and views expressed in Umrabulo do not necessarily reflect the policies or views of the ANC, OR Tambo School of Leadership or the Editorial Team. Umrabulo on the web : www.anc1912.org.za and www.ortamboschool.org.za UMRABULO NUMBER 51 | 2021 U EDITORIAL COMMENT By JP Louw @jaypeelouw Jay Pee Louw HIS 51st edition of sentation, Justice Albie Sachs Umrabulo Journal invites us through a fascinating themed Electoral storytelling format, to the back- Systems and Reform rooms of ANC’s thinking, pro- Tcomes at an opportune moment cesses and dealings in the early in light of continued debates 1990’s concerning the electoral brought to the fore, largely by system for a democratic South the June 2020 Constitution- Africa. al Court decision on what is termed the New Nation Move- Provocatively, Professor Steven ment’s case. In brief, the major- Friedman’s Changing Electoral ity decision of the court found System Talks Is Much Ado that aspects of the Electoral Act About Very Little questions if have shortfalls – particularly in terms of how it the Constitutional Court’s judgement actually 3 does not allow an individual to stand as a candi- means that a new electoral system is essential. date in provincial and national elections. The introductory paragraph sets the scene in this respect – “IF we all lived in textbooks, we could make Whilst looking at what this state of affairs im- democracy work for South Africa’s people by chang- plies in relation to South Africa’s electoral sys- ing the electoral system. Since we live in the real tems, some historical account is also provided world, we need to look elsewhere for remedies”. to contextualise the path travelled that brought us to where we are. Also explored are practicali- Lawson Naidoo’s Prospects For An Account- ties that comes into play for the Constitutional ability Based Electoral System and Daryl Court’s directives to be brought to life. Swanepoel’s The Unconstitutional To The Con- stitutional – A Refined South African Electoral Therefore, quite appropriately so, in Genesis Model makes pointed proposals about what fix- Behind ANC Support for Proportional Repre- ing could look like. The next edition (52nd edition) of Umrabulo If you have an interest to contribute to the Journal is themed Imperialism Today. next edition of Umrabulo Journal based on this outline, please contact the editor JP Louw on Focal areas the edition seeks to cover includes: [email protected]. All articles are reviewed by the Umrabulo Review Panel and assessed • The meaning of Joe Biden’s by the Umrabulo Editorial Committee and election Umrabulo Collective for publication. • The relationship between China and Africa Articles must: • Be responsive to the theme; and • South African policy in Africa • Be about 2 000 words long • The Zimbabwean question. (AND NOT EXCEED 3 000 words). U UMRABULO NUMBER 51 | 2021 4 UMRABULO UMRABULO NUMBER 51 | 2021 U The Genesis Behind ANC’s Support For Proportional Representation – A historical account ■ Our concern was always about how to get the best constitutional system for our country. It was definitely not about how could we devise constitutional arrangements to maximise the chances of the ANC winning power at the first elections. On the contrary, in at least two respects we took decisions that we knew would reduce the possibilities of a massive ANC electoral victory. Introductory Note: I was invited by the Editor of Umrabulo to contrib- ute to Umrabulo Journal written material I produced on ANC’s think- ing in the early 1990s concerning the electoral system for a democratic South Africa. This is an extract on the topic from a book I authored, en- 5 titled Oliver Tambo’s Dream (African Voices, 2017), followed by some explanatory and supplementary thoughts. By Justice Albie Sachs UWC Workshops On ty strong in terms of brain pow- Critical Constitutional er. We had the University of the Issues Western Cape (UWC) as our When the ANC Constitutional base for organising a series of Committee comprising Zola widely supported workshops Skweyiya, Lehlohonolo Teddy on critical constitutional issues Pekane, Jobs Jobodwana, Kader in advance of the negotiations. Asmal, Brigitte Mabandla and I More than half of the members returned from exile in 1990, we of the committee went on to were joined by people like Pius find positions at the Commu- Langa, Dullah Omar, Bulelani nity Law Centre at UWC. Ngcuka, Fink Haysom and Essa Moosa. At the request of ANC President Nelson UWC became the engine room of committed Mandela, Arthur Chaskalson and George Bizos thought about our new Constitution. It was an (who were Mandela’s lawyers from the Rivonia active, engaged, scholarly life – not just waffle, Trial) attended and participated actively in our slogans and fancy words. meetings. How could we get a country with deep values Our Constitutional Committee had become pret- that were really meaningful for the lives of the U UMRABULO NUMBER 51 | 2021 people? Not just a territory with populations in Should we have a Constitutional Court? What it, divided into Bantustans and group areas and kind of electoral system should we have? Should whites and Blacks and Coloureds and Indians. socioeconomic rights be enforceable as constitu- But a united and single country. tional rights by judges? How to organise the re- gions? And how could we do so on the African conti- nent when much of the world was influenced by We had to understand the implications of all racist ideas? By Afro-pessimism, believing that these constitutional proposals. There were pow- democracy was not for Africa and that Black erful moves to divide South Africa into little people couldn’t rule. That tribalism would take Cantons. The upmarket white Bishopscourt over and personal ambition would be inevitable. would be in one Canton and disadvantaged We had to prove and disprove and re-prove to Black Langa would be in another, and they peoples of our country, the continent and the would each have self-government. How did af- world as well as ourselves that our beliefs were firmative action work in Malaysia, India and the true. That democracy was for us. United States? A series of workshops was accordingly organ- Our concern was always about how to get the ised by UWC’s Centre for Development Stud- best constitutional system for our country. It was ies and the Community Law Centre, working definitely not about how could we devise con- closely with the ANC Constitutional Commit- stitutional arrangements to maximise chances tee. All the ANC regions sent participants, and of the ANC winning power at the first elections. many progressive experts from different parts On the contrary, in at least two respects we took of the world joined us. Engaged South African decisions that we knew would reduce the possi- scholars, thoughtful urban and rural activists, bilities of a massive ANC electoral victory. Both and activist lawyers pooled ideas in a spirit of related to matters that arouse lively debates to- lively, open debate. These workshops dealt with day. 6 matters such as whether to have a Constitutional Court, the electoral system, the regions, social The first was to opt for a president chosen by and economic rights and affirmative action. And Parliament and not by a direct vote. The second the topic on which we had the greatest number was largely to favour an electoral system based of workshops was that of property and land re- on Proportional Representation (PR) and not distribution. constituency representation. The issues of presi- dential power and of PR are both very much in The challenge of constitution-making was to go the news today, so our thinking at the time is deep into ourselves. To create a set of institu- worth mentioning. tions and values that honours all of those who believed, struggled and fought for the possibil- ity of South Africa that is a free and democrat- ic country.
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