As coalition governments look set to become the norm in South Africa’s political landscape, it was timely that one of the discussion topics at the South African Legislative Sector’s Oversight Summit was on how the election legislative framework impacts on the legislative sector’s effectiveness.
On day two of the summit, experts and analysts elaborated on their experiences managing coalition governments and suggested ways in which legislatures are equipped with the necessary tools to hold such governments to account.
Coalition governments
Political scientist and Director of Auwal Socio-Economic Research, Dr Ebrahim Fakir, pointed out the lack of trust in current South African politics and the decline of South African citizens’ trust in political institutions, which he blamed on the apparent impunity of political leaders who either act outside the law or manipulate rules and use legal processes to ignore public concerns.
This translates into a crisis of representation, Dr Fakir suggested, because the electorate feels distanced from political parties and from Parliament, which should represent their aspirations. This implies that power is exercised without responsibility while political responsibility is assumed without authority, he said.
He also said that in his view, coalition politics has brought instability and turned political institutions into vehicles that serve the political elite. This has led to a crisis of representation and of responsiveness, he claimed.
Local government
Also speaking on the topic, the President of the South African Local Government Association, Mr Bheki Stofile, mentioned that the local government sector was established with no codified oversight and accountability mechanisms to ensure its stability. He suggested that the summit should reflect on the processes that led to local government instability and discuss how to foster a vibrant local government legislation rooted in transparent governance.
The Electoral Commission of South Africa
According to the Chairperson of the South African Electoral Commission, Mr Mosotho Moepya, elections sit at the intersection of constitutional ideals and practical reality on the ground. As such, the IEC continuously reviews and electoral reforms and makes amendments guided by the lessons learnt in preceding elections.
He welcomed the collaborative synergy the IEC has with Parliament. “Our electoral system is adored globally and is lauded as one of the top seven electoral systems. We give credit this to our legislative sector,” Mr Moepya said.
He then listed various electoral amendments and reforms, such as the provision of voting rights to prisoners, floor crossing, the electronic registration of voters and the recognition of independent candidates as some of the electoral achievements that could not have been accomplished without cooperation between the IEC and the legislative sector.
He also admitted that coalition governments represent the democratic aspirations of the people and reflect the experiences and lessons of political compromise. Mr Moepya went onto suggest that the seventh parliamentary administration should be tasked expeditiously with the Electoral Amendment Act.
The trust deficit
The Executive Secretary of the Council for the Advancement of South African Constitution, Mr Lawson Naidoo, also mentioned the trust deficit engulfing South Africa’s public institutions, which is a symptom of a symbiotic of accountability deficit. This has led to low voter turnout, especially among the youth, he observed.
Coalition governments are another sign of the trust deficit that afflicts South African politics and reflects the fact that the political space has become a “terrain of confrontation rather than of contestation of ideas”, Mr Naidoo said. More importantly, Parliament has a key responsibility to overcome this trust deficit, he suggested.
Meanwhile, Parliament has been plagued by various Constitutional Court judgements overturning certain pieces of legislation on substantial and procedural grounds. Compounding the problem, Mr Naidoo said, is Parliament’s perennial failure to implement timeously the corrective measures stipulated by Constitutional Court judgements. This failure is untenable in the face of Parliament’s mandate is to remedy any legislative defects, he concluded.
Abel Mputing
31 January 2024
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