Strictly Personal
Proportional representation and secret ballots in SA’s coalition future, By Martin van Staden
Published
2 years agoon
Tshwane was widely regarded as the test case for a stable coalition government: the Democratic Alliance (DA)-led multi-party reformist coalition had a majority in the council and was therefore not dependent on parties aligned with the African National Congress (ANC) or its ideology.
Recent events, particularly the speaker election earlier this month, casts doubt on the success of this experiment.
The reformist coalition had agreed to elect ActionSA’s Kholofelo Morodi as speaker. In the event, the Electoral Commission (IEC) deemed the DA caucus’s 69 votes to be ‘spoiled’ and declared the runner-up, Mncedi Ndzwanana, as speaker. The reason for this can be traced back to a 1998 Act of Parliament forcing council office-bearer elections to be held as secret ballots.
The DA, to identify dissidents who break the party line, required its councillors to mark their votes with an assigned number, thus negating the secrecy of the vote.
Inelegant handling
While the Tshwane coalition has had its ructions, this is not an example of coalition failure. When both Parliament and the IEC have taken steps against a coalition, it is highly unlikely that it would succeed, no matter how well the coalition partners get along.
The DA caucus’ handling of the speaker election was inelegant and, arguably, unlawful. But there is a difference between a spoiled ballot and an unlawful electoral practice.
A spoiled ballot in a free and open democracy is a ballot that does not clearly show how a vote was cast. If it is obvious from the ballot who the voter voted for, the ballot cannot be spoiled unless it was unambiguously communicated to the voter beforehand that voting in a particular way would not be accepted.
The DA caucus’ votes were clear, and as a result, cannot be deemed ‘spoiled’. The IEC has harmed its own legitimacy during a crucial time in South Africa’s democratic development by grasping at straws to arrive at a particular electoral outcome.
Parliamentary diktat
If the IEC has a reason – and in this case, I think it might – to believe the DA caucus conducted itself in contravention of schedule 3 of the Municipal Structures Act of 1998, the correct thing to do would be to approach the courts since this is a legal dispute. If the court is to find in favour of the IEC, the election can be re-run. Legal disputes involving the electoral authority in a free and open democracy are not resolved by unilateral action.
But there is something nefarious about the Municipal Structures Act – a law drawn up by Parliament – dictating rules and procedures to municipal councils. South African constitutional law recognises the principle of subsidiarity, which effectively says that a government function must vest at the lowest (that is, closest to the people) level it can effectively be exercised. There is also a principle of cooperative governance found in section 40(1) of the Constitution, which clearly states the three spheres of government (central, provincial, municipal) are not superior or inferior to one another but are rather ‘interdependent and interrelated’. Parliament is not the ‘boss’ of ‘lower’ assemblies.
Somehow, Parliament figured it could include a provision in the Municipal Structures Act that dictated to municipal councils that speakers, mayors, and others, must be elected on a secret ballot when section 160(6)(b) of the Constitution empowers a municipal council to ‘prescribe rules and orders for its [own] business and proceedings’. Whether or not a secret ballot is utilised is something that an assembly decides for itself on a case-by-case basis. Part A of Schedule 3 of the Constitution, of which schedule 3 of the Municipal Structures Act is in substance a reproduction, unambiguously only applies to institutions in the central and provincial spheres, not municipalities.
Parliament dictating a secret ballot to municipal councils betrays a superiority complex that is without clear constitutional footing. Any legislation the Constitution allows Parliament to adopt regarding municipal councils must be compatible with every other constitutional provision and principle, including subsidiarity and cooperative governance. Indeed, section 151(4) of the Constitution provides that ‘The national or a provincial government may not compromise or impede a municipality’s ability or right to exercise its powers or perform its functions’.
Rules of the game
It seems that Parliament requiring secret ballots in municipal councils might be unconstitutional. But more than that, if one appreciates the fact that coalition politics is the future of South Africa in the municipal, provincial, and central spheres, secret ballots are also unnecessarily disruptive to an already raucous phenomenon.
A secret ballot among political representatives must be distinguished from the firm democratic rule that the public’s votes in elections must be anonymous.
Coalition partners, among themselves and in full view of their voters, must be able to form agreements with one another and hold one another to account. Government must remain respectfully distant from deciding the rules of the coalition game – because, ultimately government itself is a player. The rules of the game are predetermined in the Constitution before the game begins.
When government, via Parliament, introduces disruptive devices like the secret ballot, coalition politics becomes significantly more opaque. Imagine the chaos if the ANC, Economic Freedom Fighters, and Patriotic Alliance formed a majority coalition in 2024 by an enforceable agreement, but the National Assembly, through a secret ballot, elected John Steenhuisen as President and Pieter Groenewald as Speaker.
In this respect, it might also be worth considering a constitutional amendment to Schedule 3 of the Constitution to remove the secret ballot requirement for legislative elections of office-bearers in the central and provincial spheres.
This would only make sense in a proportional representation system like South Africa’s. In such a system, voters bestow a mandate upon a political party, not upon individual candidates. In a constituency system, the phenomenon of allowing an individual representative to ‘vote their conscience’ makes sense because, to a large degree, that is precisely what voters entrusted that representative to do. But a political party has no conscience, and the consciences of its representatives carry no mandates and are therefore largely irrelevant. The electorate must be able to see how the representatives of the party they put in power cast their votes.
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Strictly Personal
African Union must ensure Sudan civilians are protected, By Joyce Banda
Published
3 weeks agoon
October 25, 2024The war in Sudan presents the world – and Africa – with a test. This far, we have scored miserably. The international community has failed the people of Sudan. Collectively, we have chosen to systematically ignore and sacrifice the Sudanese people’s suffering in preference of our interests.
For 18 months, the Rapid Support Forces (RSF) and the Sudanese Armed Forces (SAF) have fought a pitiless conflict that has killed thousands, displaced millions, and triggered the world’s largest hunger crisis.
Crimes against humanity and war crimes have been committed by both parties to the conflict. Sexual and gender-based violence are at epidemic levels. The RSF has perpetrated a wave of ethnically motivated violence in Darfur. Starvation has been used as a weapon of war: The SAF has carried out airstrikes that deliberately target civilians and civilian infrastructure.
The plight of children is of deep concern to me. They have been killed, maimed, and forced to serve as soldiers. More than 14 million have been displaced, the world’s largest displacement of children. Millions more haven’t gone to school since the fighting broke out. Girls are at the highest risk of child marriage and gender-based violence. We are looking at a child protection crisis of frightful proportions.
In many of my international engagements, the women of Sudan have raised their concerns about the world’s non-commitment to bring about peace in Sudan.
I write with a simple message. We cannot delay any longer. The suffering cannot be allowed to continue or to become a secondary concern to the frustrating search for a political solution between the belligerents. The international community must come together and adopt urgent measures to protect Sudanese civilians.
Last month, the UN’s Independent International Fact-Finding Mission for Sudan released a report that described a horrific range of crimes committed by the RSF and SAF. The report makes for chilling reading. The UN investigators concluded that the gravity of its findings required a concerted plan to safeguard the lives of Sudanese people in the line of fire.
“Given the failure of the warring parties to spare civilians, an independent and impartial force with a mandate to safeguard civilians must be deployed without delay,” said Mohamed Chande Othman, chair of the Fact-Finding Mission and former Chief Justice of Tanzania.
We must respond to this call with urgency.
A special responsibility resides with the African Union, in particular the AU Commission, which received a request on June 21 from the AU Peace and Security Council (PSC) “to investigate and make recommendations to the PSC on practical measures to be undertaken for the protection of civilians.”
So far, we have heard nothing.
The time is now for the AU to act boldly and swiftly, even in the absence of a ceasefire, to advance robust civilian protection measures.
A physical protective presence, even one with a limited mandate, must be proposed, in line with the recommendation of the UN Fact-Finding Mission. The AU should press the parties to the conflict, particularly the Sudanese government, to invite the protective mission to enter Sudan to do its work free from interference.
The AU can recommend that the protection mission adopt targeted strategies operations, demarcated safe zones, and humanitarian corridors – to protect civilians and ensure safe, unhindered, and adequate access to humanitarian aid.
The protection mission mandate can include data gathering, monitoring, and early warning systems. It can play a role in ending the telecom blackout that has been a troubling feature of the war. The mission can support community-led efforts for self-protection, working closely with Sudan’s inspiring mutual-aid network of Emergency Response Rooms. It can engage and support localised peace efforts, contributing to community-level ceasefire and peacebuilding work.
I do not pretend that establishing a protection mission in Sudan will be easy. But the scale of Sudan’s crisis, the intransigence of the warring parties, and the clear and consistent demands from Sudanese civilians and civil society demand that we take action.
Many will be dismissive. It is true that numerous bureaucratic, institutional, and political obstacles stand in our way. But we must not be deterred.
Will we stand by as Sudan suffers mass atrocities, disease, famine, rape, mass displacement, and societal disintegration? Will we watch as the crisis in Africa’s third largest country spills outside of its borders and sets back the entire region?
Africa and the world have been given a test. I pray that we pass it.
Dr Joyce Banda is a former president of the Republic of Malawi.
Strictly Personal
Economic policies must be local, By Lekan Sote
Published
3 weeks agoon
October 24, 2024With 32.70 per cent headline inflation, 40.20 per cent food inflation, and bread inflation of 45 per cent, all caused by the removal of subsidies from petrol and electricity, and the government’s policy of allowing market forces to determine the value of the Naira, Nigerians are reeling under high cost of living.
The observation by Obi Alfred Achebe of Onitsha, that “The wellbeing of the people has declined more steeply in the last months,” leads to doubts about the “Renewed Hope” slogan of President Bola Tinubu’s government that is perceived as extravagant, whilst asking Nigerians to be patient and wait for its unfolding economic policies to mature.
It doesn’t look as if it will abate soon, Adebayo Adelabu, Minister of Power, who seems ready to hike electricity tariffs again, recently argued that the N225 per kilowatt hour of electricity that Discos charge Band A premium customers is lower than the N750 and N950 respective costs of running privately-owned petrol or diesel generators.
While noting that 129 million, or 56 per cent of Nigerians are trapped below poverty line, the World Bank revealed that real per capita Gross Domestic Product, which disregards the service industry component, is yet to recover from the pre-2016 economic depression under the government of Muhammadu Buhari.
This has led many to begin to doubt the government’s World Bank and International Monetary Fund-inspired neo-liberal economic policies that seem to have further impoverished poor Nigerians, practically eliminated the middle class, and is making the rich also cry.
Yet the World Bank, which is not letting up, recently pontificated that “previous domestic policy missteps (based mainly on its own advice) are compounding the shocks of rising inflation (that is) eroding the purchasing power of the people… and this policy is pushing many (citizens) into poverty.”
It zeroes in by asking Nigeria to stay the gruelling course, which Ibukun Omole thinks “is nothing more than a manifesto for exploitation… a blatant attempt to continue the cycle of exploitation… a tool of imperialism, promoting the same policies that have kept Nigeria under the thumb of… neocolonial agenda for decades.”
When Indermilt Gill, Senior Vice President of the World Bank, told the 30th Summit of Nigeria’s Economic Summit Group, in Abuja, Federal Capital Territory, that Nigerians may have to endure the harrowing economic conditions for another 10 to 15 years, attendees murmured but didn’t walk out on him because of Nigerian’s tradition of politeness to guests.
Governor Bala Muhammed of Bauchi State, who agrees with the World Bank that “purchasing power has dwindled,” also thinks that “these (World Bank-inspired) policies, usually handed down by arm-twisting compulsions, are not working.”
What seems to be trending now is the suggestion that because these neo-liberal policies do not seem to be helping the economy and the citizens of Nigeria, at least in the short term, it would be better to think up homegrown solutions to Nigeria’s economic problems.
Late Speaker of America’s House of Representatives, Tip O’Neill, is quoted to have quipped that, at the end of the day, “All politics is local.” He may have come to that conclusion after observing that it takes the locals in a community to know what is best for them.
This aphorism must apply to economics, a field of study that is derived from sociology, which is the study of the way of life of a people. Proof of this is in “The Wealth of Nations,” written by Adam Smith, who is regarded as the first scholar of economics.
In his Introduction to the Penguin Classics edition of “The Wealth of Nations,” Andrew Skinner observes: “Adam Smith was undoubtedly the remarkable product of a remarkable age and one whose writing clearly reflects the intellectual, social and economic conditions of the period.”
To drive the point home that Smith’s book was written for his people and his time, Skinner reiterated that “the general ‘philosophy,’ which it contained was so thoroughly in accord with the aspirations and circumstances of his age.”
In a Freudian slip of the Darwinist realities of the Industrial Revolution that birthed individualism, capitalism, and global trade, Smith averred that “How selfish soever man may be supposed, there are evidently some principle in his nature which interest him in the fortune of others, and render their happiness necessary to him, though he derives nothing from it, except the pleasures of seeing it.”
And, he let it slip that capitalism is for the advantage of Europe when he confessed that “Europe, by not leaving things at perfect liberty (the so-called Invisible Hand), occasions… inequities,” by “restraining the competition in some trades to a smaller number… increasing it in others beyond what it naturally would be… and… free circulation of labour (or expertise) and stocks (goods) both from employment to employment and from place to place!”
Policymakers, who think Bretton Woods institutions will advise policies to replicate the success of the Euro-American economy in Nigeria must be daydreaming. After advising elimination of subsidy, as global best practices that reflect market forces, they failed to suggest that Nigeria’s N70,000 monthly minimum wage, neither reflects the realities of the global marketplace, nor Section 16(2,d) of Nigeria’s Constitution, which suggests a “reasonable national minimum living wage… for all citizens.”
After Alex Sienart, World Bank’s lead economist in Nigeria, pointed out that the wage increase will directly affect the lives of only 4.1 per cent of Nigerians, he suggested that Nigeria needed more productive jobs to reduce poverty. But he neither explained “productive jobs,” nor suggested how to create them.
In admitting past wrong economic policies that the World Bank recommended for Nigeria, its former President, Jim Yong Kim, confessed, “I think the World Bank has to take responsibility for having emphasized hard infrastructure –roads, rails, energy– for a long time…
“There is still the bias that says we will invest in hard infrastructure, and then we grow rich, (and) we will have enough money to invest in health and education. (But) we are now saying that’s the wrong approach, that you’ve got to start investing in your people.”
Kim is a Korean-American physician, health expert, and anthropologist, whose Harvard University and Brown University Ivy League background shapes his decidedly “Pax American” worldview of America’s dominance of the world economy.
Despite his do-gooder posturing, his diagnoses and prescriptions still did not quite address the root cause of Nigeria’s economic woes, nor provide any solutions. They were mere diversions that stopped short of the way forward.
He should have advocated for the massive accumulation of capital and investments in the local production of manufacturing machinery, industrial spare parts, and raw materials—items that are currently imported, weakening Nigeria’s trade balance.
He should have pushed for the completion of Ajaokuta Steel Mill and helped to line up investors with managerial, technical, and financial competence to salvage Nigeria’s electricity sector, whose poor run has been described by Dr. Akinwumi Adesina, President of Africa Development Bank, as “killing Nigerian industries.”
He could have assembled consultants to accelerate the conversion of Nigeria’s commuter vehicles to Compressed Natural Gas and get banks of the metropolitan economies, that hold Nigeria’s foreign reserves in their vaults, to invest their low-interest funds into Nigeria’s agriculture— so that Nigeria will no longer import foodstuffs.
Nigerians need homegrown solutions to their economic woes.
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