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Let the people speak on May 8

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Thabo Mbeki. Picture: TEBOGO LETSIE
Thabo Mbeki. Picture: TEBOGO LETSIE

With elections in May, each political party is launching its manifesto.

Like pastors who promise congregants miracles, political parties lure voters with promises of a better live in exchange for votes.

The people will vote for parties based on the manifesto and they believe their party of preference will, after winning the elections, consult and listen to them in an open, responsive and accountable manner.

Democracy means government of the people, by the people and for the people.

The people want a democratic party and state that guarantees their rights.

They do not want authoritarian regimes that maintain power and personal enrichment at the expense of the country and its population.

Recognising the people’s power and will, former president Thabo Mbeki, after winning elections in 1999, said: “The people have spoken. The people have unequivocally said the ANC leads; the poorest of the poor have said they trust the ANC to help them out of their conditions of misery.

“The overwhelming mandate given to us constitutes the people’s directive for us to use the power they have given to us to defend and entrench the democratic system and the human rights contained in our Constitution and our laws.”

On behalf of the ANC, Mbeki pledged that the people’s will would be done.

Twenty years later, are parties loyal to the people’s directives and do they ensure that the people’s will is done?

On February 3 Mondli Makhanya published an article in City Press titled 'A conference resolution'.

Read: Why do we need a Constitution when we have ANC ‘conference resolutions’?

He demonstrated how party resolutions that are inconsistent with the Constitution of the country paralyse public debate and opinion, and discount the rule of law.

Any party elected to govern is empowered to lead and take political decisions for the benefit of its country and people. It should not ignore the people and display authoritarian tendencies.

Makhanya’s observations are reminiscent of author and activist Phyllis Jordan’s 1994 analysis of what the elections mean in the context of ANC history.

She said: “Those elected to Parliament will be candidates chosen by the contending parties. They will not represent any particular constituencies. As such, they will be answerable only to the parties that chose them, not to the voters. Voters will have no right of recall.”

Any party elected to govern is empowered to lead and take political decisions for the benefit of its country and people.

It should not ignore the people and display authoritarian tendencies.

Such decisions should be taken by giving due regard to the people’s right to know in terms of the Promotion of Access to Information Act and the people’s right to be consulted in terms of the Promotion of Administrative Justice Act.

A legislature that consults the public is likely to enshrine accountability, responsiveness and openness per section 1(d) of the Constitution.

Adherence to this section by any governing political party will inspire a public administration that is similarly open, responsive and accountable and that encourages the public to participate in policymaking per section 195 of the Constitution.

Parliamentarians have a duty to be answerable to all South Africans and must entrench the democratic system and the human rights contained in the Constitution and laws of the republic.

Last year Parliament consulted well with the people on whether to amend section 25 of the Constitution.

Parliament should have introduced legislation per section 25(8) of the Constitution which authorises a departure from the provisions in section 25 to redress the results of past racial discrimination and consult the people thereon.

In December 2013 e-tolls went live in Gauteng. Many people decried a lack of proper consultation when the system was introduced.

On May 8 the people should vote for their preferred parties. Subsequent to the winning party assuming power, the people should not be seen as bystanders.

Instead, they should be consulted on how to realise their rights through proper adherence to the Constitution.

The people expect a just government.

Hopefully dignity and justice will be restored to the people in May, encouraging them to participate in policymaking and thus reduce their misery and improve their lives to avert service delivery protests.

Let us vote with hope for a better tomorrow.

Sedupane is an advocate and a constitutional and human rights law specialist

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