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 CONTENTS

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THEME 1: The development and restructuring of the South African state 1

Study unit 1: The development of the South African state 3

1.1 Introduction 3
1.2 The pre-imperialist or traditional period 5
1.3 The imperialist situation 7
1.3.1 The Dutch period 7
1.3.2 The British period 8
1.3.2.1 British ideas about the state 9
1.3.2.2 The nationalist response of republicanism 10
1.3.2.3 The republics of Transvaal, Orange Free State and Natal 11
1.4 Restructuring and subjugation of traditional authority 14
1.4.1 Mfecane/Difaqane and the restructuring of the political
terrain 14
1.4.2 The chiefdoms in South Africa 15
1.5 The constitutional development of the apartheid state 18
1.6 Conclusion 19
Study unit 2: Restructuring of the South African state 21
2.1 Introduction 22
2.2 The demise of apartheid 22
2.2.1 Reasons for restructuring 22
2.2.2 Political deadlock 23
2.2.3 General election of 1989 23
2.2.4 Unplanned internal pressure: urbanisation 24
2.2.5 Planned internal pressure: unrest 24
2.2.6 Unplanned external pressure: the USA and the USSR 25
2.2.6.1 Superpower cooperation 25
2.2.7 Planned external pressure: international isolation 25
2.3 Transition and negotiation 26
2.3.1 Du Toit and Gagiano 27
2.3.2 Van Zyl Slabbert 28
2.3.3 The Harare Declaration 29
2.4 Phases of the negotiations in South Africa 30
2.4.1 Talks about talks 30
2.4.2 Groote Schuur Minute 30
2.4.3 Pretoria Minute 31
2.4.4 National Peace Accord 31
2.4.5 Preliminary bargaining 32
2.4.5.1 Codesa I 32
2.4.5.2 Codesa II 33
2.5 Structuring of the transition process 34
2.5.1 Record of Understanding 34
2.5.2 Government of National Unity 35

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2.5.3 Multiparty Negotiating Process 36

2.5.4 Other negotiation forums 37
2.6 The Constitutional Assembly and final Constitution 38
2.7 Conclusion 39

THEME 2: Theories of modern South African politics 41

Study unit 3: Theories of democratic development 42

3.1 Introduction 42
3.2 What is democracy? 43
3.2.1 Elements of democracy 43
3.2.2 Political legitimacy 45
3.3 Theories about democratisation and transition 46
3.3.1 Comparative democratisation theory 46
3.3.2 Institutional rational choice theory 46
3.3.3 Constitutionalism 48
3.4 Theories about democratic consolidation 48
3.5 Democratic justice theory 50
3.6 Conclusion 51
Study unit 4: Theories of race and class 52
4.1 Introduction 53
4.2 Theories of the state in society and the economy 53
4.2.1 Liberalism/Neoliberalism 53
4.2.2 Socialism 54
4.2.3 Marxism 54
4.2.4 The liberal-radical debate 55
4.2.5 Neostatism 56
4.2.5.1 David Yudelman’s neostatism 57
4.2.5.2 Practical illustration 58
4.3 Theories of the nation as a dimension of the state 59
4.3.1 Nation-building 59
4.3.2 Afrikaner nationalism 60
4.3.3 The plural approach to nation-building 60
4.3.4 The national liberation approach to nation-building 61
4.3.5 Colonialism of a special type 64
4.3.6 Decoloniality 64
4.4 Conclusion 65

THEME 3: Structural aspects of the current South African state 67

Study unit 5: Contextual aspects of South Africa’s Constitution 69

5.1 Introduction 69
5.2 Interim Constitution 69
5.3 The constitutional principles 70
5.4 Five major topics 70
5.5 The Bill of Rights 71
5.6 Application of the Bill of Rights 73
5.7 Enforcement and interpretation of the rights 73
5.8 The form of state 74
5.9 Inter-governmental relations and co-operative governance 74
5.10 Amending the Constitution 76
5.11 Structure of the Constitution 76

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5.12 Conclusion 77
Study unit 6: The separation of powers in South Africa 79
6.1 Introduction 79
6.2 The doctrine of the separation of powers (Trias Politica) 79
6.3 The separation of powers in South Africa 80
6.4 Conclusion 81
Study unit 7: The judiciary 82
7.1 Introduction 82
7.2 Principles 82
7.2.1 Constitutional Court 83
7.2.2 Supreme Court of Appeal 84
7.2.3 High Court 84
7.2.4 Magistrates’ Court 84
7.2.5 Other courts 84
7.3 The Judicial Service Commission 85
7.4 Conclusion 85
Study unit 8: The legislative authority 87
8.1 Introduction 87
8.2 Core mandate 87
8.3 The two houses of Parliament 88
8.3.1 The National Assembly 89
8.3.2 Proceedings of the National Assembly 89
8.3.3 The role and functions of committees in the National
Assembly 89
8.3.4 Committee types in South Africa 90
8.4 The National Council of Provinces 91
8.4.1 Proceedings of the NCOP 92
8.5 The national legislative process 92
8.5.1 Parliament and the Budget 94
8.6 Conclusion 96
Study unit 9: The national executive – President and Cabinet 97
9.1 Introduction 97
9.2 The executive sphere of government 97
9.3 Parliamentary versus presidential system 97
9.4 The president, election and term limits 98
9.5 Presidential powers and limitations 99
9.5.1 Legislative functions 100
9.5.2 Judicial functions 100
9.5.3 Limitations 100
9.6 The cabinet 101
9.7 The deputy president 102
9.8 Conclusion 102
Study unit 10: Provincial and local government 104
10.1 Introduction 104
10.2 The provincial executive 104
10.3 The premier, election and term limits 104
10.4 Provincial legislature 106
10.4.1 Proceedings of the provincial legislature 106
10.4.2 Powers and functions of the provincial legislatures 107

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10.4.3 Provincial legislature’s oversight function 109

10.5 Local government 110
10.5.1 The framework and structure of local government 110
10.5.2 Categories and types of municipalities 110
10.5.3 Powers and functions of municipalities 111
10.6 Municipal councils 112
10.6.1 The structure of councils 112
10.6.2 Mayoral executive 113
10.6.3 Collective executive 113
10.6.4 Plenary executive 113
10.6.5 Council committees 114
10.7 Conclusion 115
Study unit 11: The chapter nine institutions 116
11.1 Introduction 116
11.2 The Public Protector 116
11.3 The South African Human Rights Commission (SAHRC) 117
11.4 The Commission for the Promotion and Protection
of the Rights of Cultural, Religious and Linguistic
Communities (CPPRCRLC) 118
11.5 The Commission for Gender Equality (CGE) 119
11.6 The Auditor-General 120
11.7 The Electoral Commission (IEC) 121
11.7.1 Functions, duties and composition of the Electoral
Commission 121
11.8 Conclusion 122
Study unit 12: Traditional authority 123
12.1 Introduction 123
12.2 The institution of traditional authority in South Africa 123
12.3 The nature and role of traditional leadership 125
12.4 Conclusion 126

THEME 4: Elections and party politics in South Africa 129

Study unit 13: South African electoral system in context 131

13.1 Introduction 131
13.2 National and provincial elections 131
13.2.1 The proportional-representation (PR) system 132
13.3 Local government elections or municipal elections 133
13.3.1 South Africa’s mixed-member proportional system (MMP) 134
13.3.2 Proportional representation elections: metropolitan,
local and district municipalities 135
13.3.2.1 Metropolitan municipality 135
13.3.2.2 Local municipality 136
13.3.2.3 District municipality 138
13.3.3 Coalitions in local government 140
13.4 Voter turnout in South Africa 141
13.4.1 Voter turnout dynamics 143
13.4.2 Structural factors 143
13.4.2.1 Proportional representation system (PR) versus constituency systems 143
13.4.2.2 Importance of the election 143
13.4.3 Agency factors 144

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13.4.3.1 The age dynamic 144

13.4.3.2 Logistical factors 145
13.4.3.3 Political efficacy 145
13.5 Conclusion 145
Study unit 14: Political parties in context 147
14.1 Introduction 147
14.2 What is a political party? 147
14.3 Classification of political parties 148
14.4 Parties across the political spectrum 149
14.4.1 The political spectrum 149
14.4.2 The left wing 152
14.4.3 The right wing 153
14.5 Perspectives on the nature of the state and society 155
14.5.1 The nature of society 155
14.5.2 The function and purpose of the state 156
14.6 Understanding populism 157
14.6.1 Appeal to “the people” 158
14.6.2 Crisis, breakdown and threat 158
14.6.3 “Bad manners” 159
14.7 Party systems 159
14.8 Single-dominant party system 160
14.9 Conclusion 161
Study unit 15: Political parties in South Africa 163
15.1 Introduction 163
15.2 Political parties in South Africa 163
15.3 The African National Congress (ANC) 164
15.3.1 ANC as a single-dominant party 167
15.4 Opposition parties in South Africa 169
15.4.1 Westminster tradition 169
15.4.2 Constructive tradition 169
15.5 Democratic Alliance (DA) 170
15.6 The Economic Freedom Fighters (EFF) 172
15.7 Congress of the People (COPE) 175
15.8 Inkatha Freedom Party (IFP) 176
15.9 Extra-parliamentary parties 177
15.10 Conclusion 179

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 1 THEME 1
The development and restructuring of the
South African state

LEARNING OUTCOMES
On completion of this theme, you should be able to:

• discuss the main characteristics of the pre-imperialist situation in South Africa

• discuss the development of the South African state
• discuss the restructuring and subjugation of traditional authority
• discuss how the Mfecane/Difaqane influenced the political and settlement patterns
in the early 19th century
• discuss the contributions of the constitutions of 1909, 1961 and 1983 to the
development of the current South African state
• discuss the specific circumstances that led to transformation in South Africa
• discuss the internal and external pressures (planned and unplanned) that created
the context for the changes that occurred in 1990
• broadly discuss the distinct phases of a negotiation process

INTRODUCTION
In this theme we will look at the development of the current South African state.
You will not be able to understand the current South African state unless you know
how it developed over time. In Political Science, most discussions about the state
focus mainly on the historical development of Western European states. These states
developed out of the city-states of the Middle Ages and various feudal systems and
imperial empires; over time, they evolved to become the present modern states
(capitalist or socialist), which existed until the end of the 1980s. We will also explain
how the South African state, with its history of colonialism and apartheid, has been
restructured since 1990 in order to democratise the whole of South African society.
Given the radical nature of this restructuring, we can regard the post-1994 political
dispensation as the creation of a new South African state. What makes this process
even more meaningful is that what happened in South Africa was not unique; the
same thing (i.e. democratisation) was occurring simultaneously in other African
countries. At the same time, the socialist states in Eastern Europe were introducing
new forms of government and economic systems. In the process, some states became
fragmented or balkanised (e.g. the USSR and Yugoslavia), others were divided up (e.g.
Czechoslovakia), and others were united (e.g. East Germany and West Germany).
However, it is true to say that new states were formed in all these cases.

According to Francis Fukuyama (1992), all these developments form part of a global
trend away from totalitarian forms of government and doctrinaire (rigid) applications
of ideologies towards a universal consensus on the desirability of liberal democracy
as a general principle.

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Another contemporary trend, which determined the context of restructuring in

South Africa, was the revival of the concepts of civil society and political society in
political thinking. To a great extent, the revival of these two concepts was the result
of analyses of the fall of socialism in Eastern Europe.

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 1 STUDY UNIT 1
1 The development of the South African state

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• explain why the South African state did not follow the same pattern of development
as the European state
• identify the main characteristics of the pre-imperialist situation in South Africa
• describe the contribution of the British and Dutch periods of colonialism to the
development of the South African state
• discuss why we consider the former republics of the Transvaal, Orange Free State
and Natal to be part of the period of colonialism
• discuss the influence of Mfecane/Difaqane on the political and settlement patterns
in the early 19th century
• explain the contributions of the constitutions of 1909, 1961 and 1983 to the
development of the current South African state

KEY CONCEPTS
Please make sure that you understand the following key concepts before you
begin working through this study unit:

Colonialism: A situation in which a territory is controlled by a foreign power and

has lost its sovereignty. Most of the dependent territories or colonies resisted colonial
rule and demanded political and constitutional independence.

Pre-imperialist situation: The period before imperialism. In the case of South Africa,
this was the period before 1652, when the Dutch settled at the Cape. Imperialism
refers to a state’s extending its rule and administration to territories beyond its borders,
either by military conquest or diplomatic agreements. Historically, the people who
lived in these territories normally resisted imperial rule.

Separation of powers (trias politica): The doctrine that does not allow any overlap
in the composition and functions of the legislative, executive and judicial authorities.

1.1 INTRODUCTION
Arguably the most prominent political actor in South Africa is the state. In other
societies and political dispensations, the state occupies a less prominent place; its
prominence is therefore a specific feature of South African politics. In this course, we
will regard the state as those institutions vested with public authority and established
by the Constitution and related legislation. These institutions include the formal
structures, their incumbents and their political actions, as well as the spheres of
influence of all these structures. These structures include parliament and legislatures

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at lower tiers; the president, national government and other spheres of government;
state departments and other administrations; and the judiciary.

In this study unit we shall look at the development of the current South African
state. You will be unable to understand the current South African state unless you
know how it developed over time. In Political Science, most discussions about the
state focus mainly on the historical development of western European states. Western
European states developed out of the city-states of the Middle Ages, and various
feudal systems and imperial empires; over time, they evolved to become the present
modern states (capitalist or socialist) which existed until the end of the 1980s.

The South African state did not follow the same pattern of development as western
European states. Some political analysts argue that, in 1994, a radically and completely
new state was formed in South Africa, which owed no legacy to any of its previous
history. It can be argued that South Africa is a state in neither the European nor the
revolutionary sense. In this course, we will argue that South Africa is a composite
state; in other words, it is the product of several influences and legacies. It is only
when we can identify these influences and legacies that we can truly understand the
South African state and how it operates. We can start with a diagram of the composite
parts of the modern South African state discussed in this course:

Figure 1: The South African state

Since South Africa is a state, which is partially the creation of colonialism, this
means that a different pattern of political regulation was in place in the period
before colonialism and imperialism. The development of the South African state did
not, therefore, begin in 1652 when the Dutch East India Company (DEIC) of the
Netherlands established a refreshment post at the Cape on the trade route between
Europe and the East.

The current South Africa is a typical product of a colonial state and should not
be compared with the developed industrialised states of the North (Europe and
North America). If we accept that South Africa is a state typical of the South (Africa,

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 STUDY UNIT 1: The development of the South African state

Latin America and South East Asia), then our perspective on the state will also differ
markedly from that usually used in the academic discipline of Political Science.

At first glance, this study unit will probably seem to focus on history rather than
politics. This is not an accident. The composite nature of the South African state
makes it imperative for us to summarise the historical influences, which still have
political relevance today. We know that politics is often influenced by history or
uses history for political purposes – especially nationalist movements. South Africa
is no exception. (Students interested in history are advised to consult the sources at
the end of this study unit.)

We will start our brief summary with the pre-imperialist or traditional period.

1.2 THE PRE-IMPERIALIST OR TRADITIONAL PERIOD

Instead of following the classic Marxist interpretation of the development of the
state (an interpretation that is, in fact, based on the Western capitalist state) from
primitive, slave-owning, feudal forms to a capitalist state form, we will consider how
South Africa became a state as a result of somewhat different influences. As a starting
point, you should note that, up to 1910, South Africa did not exist as a consolidated
state; before 1910, the territorial region that is today South Africa consisted of a
number of autonomous political entities.

The question to be dealt with in this section is not about when the first inhabitants
arrived in South Africa (who they were or where they came from), but how these
people were politically organised.

The most important evidence of the earliest inhabitants of South Africa comes from
archaeology. So far, however, archaeology cannot give us a definitive account of who
the first inhabitants of South Africa were and where they lived. In this course we
will not, therefore, go into a great deal of detail about this period.

Evidence suggests that the Khoikhoi reached the Cape (having migrated from
north-west of present-day South Africa) about 2000 years ago. They were stock
farmers and therefore less nomadic than the San, who were hunter-gatherers. The
San are regarded as direct descendants of the late Stone Age people and lived, for
the most part, south of the Orange River. They lived in small, loose groups of 20
to 200 and, owing to their nomadic lifestyle, were very widely distributed. The
political organisation of the San was very elementary because their chiefs largely
fulfilled ritual functions and were respected as the leaders of family groups; they
lacked what we would regard as real political power. The Khoikhoi lived mainly
in the coastal regions and had a more extended social system than the San. Their
chief activity was stock farming and they even engaged in stock trading with their
Bantu-language-speaking neighbours.

(NOTE: In South Africa, “Bantu” is a highly politicised term because it is associated

with apartheid and was used pejoratively to refer to the black section of the population.
In this study guide, however, it is not used in a particular political context, but only
in a linguistic sense. The suffix -ntu means, in most South African languages, a
person, while the prefix ba- indicates the plural. In the last decade of the previous
century, the word “Bantu” began to be used to refer to the family of South African
languages, and this is how the word is now used by linguists throughout the world.)

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During the late Iron Age period (approximately 1000 years after Christ), the number
of Bantu-language-speaking people in Southern Africa began to increase. The forms
of social and political organisation gradually became more complex, brick buildings
began to appear and metal production was linked with trading activities beyond
the borders of each settlement. The distribution of communities on the Highveld
of what became known as the Transvaal was largely determined by the presence of
minerals (gold, copper and iron ore) and the new trade routes between Delagoa Bay
(Mozambique) and the Highveld. Phalaborwa and Great Zimbabwe were important
trading centres, as were Mapungubwe and Bambandyanalo in the Limpopo Valley.
Great Zimbabwe (near present-day Masvingo in Zimbabwe) ought to be known
to many of you. It was originally a stock-farming community of more than 10 000
people from the late Stone Age period and it reached the height of its development
as a military centre in the 12th to 18th centuries.

In the region south of the Limpopo River, there were four Bantu-speaking groups:
the Venda, the Sotho-Tswana, the Nguni and the Tsonga. The Venda established
themselves north of the Soutpansberg. They began to flourish at the time of
the southward movement of trading activities on the east coast during the 18th
century. SeSotho-speaking people established themselves in the region between
the Drakensberg, the Kalahari and the Limpopo in the form of three migrational
movements (the Fokeng, the Rolong and the Tlhaping). This group of people can be
associated with the beginning of iron smelting and with tribes such as the Hurutshe,
Kwena, Kgatla, Ngwato, Ngwaketse, Pedi and others. By the 16th century, the
Nguni, too, were established in the coastal areas of Natal and north of the Kei River.
Shipwrecked Portuguese came upon some of them between 1554 and 1593. The
Tsonga mainly inhabited the coastal area of present-day Mozambique and Eastern
Transvaal (Mpumalanga) and controlled the trade routes to Delagoa Bay (Maputo),
particularly in the 18th century (Davenport 1987:3–12).

ACTIVITY
Which one of the following statements does not reflect the pre-imperialist situa-
tion in South Africa?

• South Africa did not follow the chronological path of state development described
by Marxism.
• Archaeological evidence has demonstrated conclusively who the first inhabitants
of South Africa were and where they lived.
• Phalaborwa and Great Zimbabwe were important trading centres during the
12th to 15th centuries.

1 FEEDBACK
Statement (2) does not reflect the pre-imperialist situation in South Africa.

We have already said that the South African state did not develop in the same
way as other states, especially European states. Its pre-imperialist arrangements,
which were often determined by large migrations of people, were significant fac-
tors in the (unique) formation of the South African state.

In the absence of written historical records, archaeological evidence is our most

reliable source of information. However, new findings by Richard Leakey in the
Great Rift Valley of Kenya and by Phillip Tobias and others in South Africa show

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 STUDY UNIT 1: The development of the South African state

that we still have an incomplete view of the earliest inhabitants of southern and
eastern Africa. Evidence from Great Zimbabwe and other trading centres shows that
between the 12th and 15th centuries, they reached the height of their development.

1.3 THE IMPERIALIST SITUATION

Although Portuguese explorers on their way to the East landed on South African
soil in the 15th century, they never conquered any land or established a settlement.
The first imperialist action was the Dutch settlement, which was established at the
Cape in 1652. For almost four centuries South Africa was subject to imperialism. In
other parts of Africa, only the former Portuguese colonies, such as Angola, Zanzibar
and Mozambique, were under imperialist rule for such a long period of time.

The most important implication of the imperialist era in South Africa concerns
the land issue. Related issues were citizenship and economic and political rights.
Because the history of South Africa is interpreted in different ways, claims to land
are described as either legitimate occupation or illegal conquest of the land.

To simplify our discussion of imperialism, we will begin by considering the periods of

Dutch and British colonialism in South Africa, and then consider how imperialism and
colonialism affected Africans in South Africa. In some instances, the two processes
occurred separately, but ultimately they became indissolubly linked. Although we
will discuss this history very briefly and will focus mainly on the colonial forms of
government, you should always bear in mind that South African history is a huge
subject and includes many other important elements not mentioned here. In particular,
it includes (1) the early development of the philosophy and policy of apartheid, which
is related to Afrikaner nationalism, and (2) the development of capitalism (particularly
industrialisation) in South Africa.

For the purposes of our discussion of colonialism, we have divided the colonial
period into three phases:

• the Dutch period (1652–1806)

• the British period (1806–1910)
• the republics of Transvaal, the Orange Free State and Natal (1838–1902)

1.3.1 The Dutch period

Although this period began in 1652 (i.e. with Jan van Riebeeck’s arrival at the
Cape), actual colonialism only began five years later – with the allocation of land
to free burghers in 1657. These were people who had left the service of the Dutch
East India Company (DEIC) and had begun their own farming activities. Later,
farming activities gradually developed into the migration of stock farmers towards
the southern and eastern coastal areas and into the interior.

The political development in the Western Cape (the main centre of operations for
the DEIC) was limited because the DEIC had only a limited objective in the Cape
as a settlement, namely to produce vegetables and fruit for ships on the trade route
between Europe and the East. Initially, the DEIC’s objective was not to colonise a
large area. During this period, the Cape could be regarded as an appendage of the
Dutch Parliament (the States-General), which had granted the DEIC, as a commercial

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enterprise, a charter to manage the Cape. The political institutions at the Cape
therefore had to support the primary objective of the DEIC, namely commerce.

The political institutions at the Cape had little power and were dominated by
the commander (from 1691, the governor). The supreme political body was the
Political Council, which was subordinate to the Council of India, the Council of
Seventeen (the board of directors of the DEIC) and the States-General. The Political
Council had executive and legislative authority and accordingly there was no question
of the trias politica (separation of powers), as advocated by the French philosopher
Montesquieu. The judicial authority was vested in (i.e. was the responsibility of) the
Council of Justice, which comprised mainly DEIC officials and applied Roman-
Dutch common law.

The political situation during DEIC control was unstable, largely owing to the
expansion of the activities of the free burghers. Between 1705 and 1707, a number of
free burghers came into open conflict with governor WA van der Stel over the issue of
concessions and the monopoly that he had built up in agriculture. The stock farmers
started openly rebelling (the Barbier rebellion [1738–1739]) when the DEIC stopped
exchanges of cattle between the farmers and the Khoikhoi. Then, in 1779, the Cape
Patriotic Movement submitted a petition to the Council of Seventeen, objecting to
the Cape’s poor economic conditions and the behaviour of DEIC officials. By now,
the free burghers of the Cape wanted two things: more economic opportunities and
political representation.

Note, therefore, that while the DEIC had a very limited task at the Cape, gradual
territorial expansion laid the foundations for some of the basic features of the later
South African state. For example, certain Western political ideas were introduced into
South Africa and this, in turn, resulted in certain forms of political institutionalisation,
which differed radically from the political institutions of the indigenous population.
Most importantly, perhaps, it brought to South Africa the Western concept of a
state, with demarcated borders and individual land tenure (i.e. the right to own and
use a particular piece of land). It was therefore inevitable that the Europeans and
the indigenous population would compete for control over territory and political
power, simply because both groups had very different interpretations of who had a
rightful claim to South Africa.

1.3.2 The British period

The British period may be divided into the following phases:

• the first British occupation (1795–1803)

• the second British occupation (1806–1910)
• the colonisation of Natal, Swaziland, Basutoland and Bechuanaland (1850–1910)
• the conquest of the Transvaal and Orange Free State republics (1899–1902)
• the period of responsible government in the Transvaal and the Orange Free State
(1904–1910)

British imperialism in South Africa influenced the development of the state in at

least three major ways:

(1) It introduced into South Africa certain British ideas about the state.
(2) It established certain government institutions.

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 STUDY UNIT 1: The development of the South African state

(3) It resulted in nationalist resistance by Afrikaners, which was characterised by

demands for a Boer republic.

1.3.2.1 British ideas about the state

Separation of power (trias politica). In Britain, political power had gradually been
taken away from the monarch and entrusted to the following three institutions:
parliament (the legislative authority); the Cabinet (the executive authority); and the
courts (the judicial authority). The principle of the separation of power means that
absolute power is not vested in a single person or institution and that control and
balance among various bodies of authority are a prerequisite (essential) for democracy.
The trias politica principle presumes that there may be no overlapping between those
bodies in whom the various powers have been vested. In the British territories in
South Africa, institutions with legislative, executive and judicial authority were
created, although in some instances their members overlapped. One example is that
members of the executive were also members of the legislative authority.

ACTIVITY
Discuss briefly in your own words whether you support the idea of trias politica.

2 FEEDBACK
In your answer, you can use any substantive argument that either supports or
opposes the idea of separation of powers.

Parliamentary sovereignty. This presumes that the highest authority in a state

is vested in parliament and not in the constitution. Parliament can therefore pass
legislation without the courts of law being able to test whether it is reconcilable with
the constitution. Parliament can also change the constitution with relative ease. In
South Africa during the British period, there was parliamentary sovereignty and
the judicial authority was relatively weak.

Political supremacy. Parliamentary sovereignty has its origin in the political

supremacy of the population. Members of parliament are therefore accountable
(responsible) to the population that designates or elects them. This differs from
constitutional supremacy, where the constitution is the highest authority in the
state. During the British period, the principle of political supremacy also applied.

The supremacy of the law, or rule of law. According to this approach, the law
– and not parliamentary sovereignty or political supremacy – is the foundation on
which the government is based. The most important features of the rule of law
are as follows:

• The principles of a constitution are determined and guaranteed by the law.

• All people are subject to, and equal before, the law.
• No person is guilty of an offence before he or she has been found guilty by a
court of law.

The British colonial administration did not apply these principles in South Africa
since, by the early 20th century, racial and gender discrimination was still in
place. Furthermore, the courts did not have the right to test the constitutionality
of legislation.

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Franchise. The British view that the franchise (i.e. the right to vote) should be
granted universally to all adults was not applied in South Africa. The franchise
was granted to adult white men only; the rest of the black population in the Cape
Colony and in Natal had limited, qualified franchise, which depended on literacy.

1.3.2.2 The nationalist response of republicanism

British rule immediately resulted in an outburst of republican sentiment. The first
major events were the rebellions in the districts of Swellendam and Graaff-Reinet in
1795 (Elphick & Giliomee 1979:338–343). For a short period, the inhabitants of the
districts established republics as a sign of their rejection of any form of British rule.

Half a century later, the Voortrekker or Boer republics were established as a result of
the Great Trek to the interior, which was also motivated by a rejection of British rule.
These are discussed in the next section, but it is important to note that republicanism
among Afrikaners was motivated by anti-British nationalist sentiment.

Despite the defeat of the republics in 1902, anti-British republicanism continued in the
form of the National Party’s renaming of public places (such as Voortrekkerhoogte),
its withdrawal from the Commonwealth in 1961, the introduction of a South African
monetary currency (the rand) and the declaration of a republic in 1961.

This republican spirit was revitalised in the 1990s in the form of conservative demands
for a volkstaat in the place of the old Boer republics. This time the republicanism was
directed not against British rule, but against the perceived threat of majority rule.

ACTIVITY
Is the following a (a) true or a (b) false description of ideas about the state that
was established during the British imperialist period?

All the state powers were concentrated in (held by) the military commander in con-
trol of the colony. The trias politica was therefore only applied in a limited sense.
Although there was a local parliament, the colony’s constitution was the supreme
law of the land. The law courts could protect and apply the constitution by means
of judicial review. A significant constitutional principle that was protected was that
of universal political rights, such as the franchise for all adults.

3 FEEDBACK
The description does not accurately reflect the British administration’s views on
the nature of the state. Although the military commander was vested with all state
powers, and the trias politica was therefore disregarded, during the first phase
of military control, there was no local parliament. It was only during the period of
crown colonial government that a local legislature emerged. That legislature was
not subject to constitutional sovereignty and the courts were not allowed to apply
judicial review. Parliament was sovereign (because of the principle of political
supremacy). As a result, the courts could not protect anybody’s political rights,
and those rights were limited mainly to the white section of the population.

10
 STUDY UNIT 1: The development of the South African state

1.3.2.3 The republics of Transvaal, Orange Free State and Natal

With the increasing settlement of whites in the interior of South Africa as a result
of the Great Trek, as well as the movement of Mzilikazi’s Ndebele to present-day
Zimbabwe, the area north of the Vaal River was declared conquered Voortrekker
territory by the Voortrekker leader Hendrik Potgieter. The region between the Vet
and Vaal rivers was incorporated into that territory in 1838 after Potgieter concluded
an agreement with the Bataung. The territory from the Vet River to north of the
Vaal River became known as the Republic of Potchefstroom-Winburg. The southern
border was moved to the Orange River in 1844. From here, it expanded westward,
northward and eastward (into what later became the Transvaal) to Ohrigstad. From
there, Potgieter moved to Lydenburg and eventually settled in the Soutpansberg in
1848. During the next few years, settlements were established at Marico, Rustenburg,
Heidelberg and present-day Pretoria. In all these areas, four isolated and autonomous
political communities eventually came into being, which, in 1860, were united as the
new Transvaal state, the Zuid-Afrikaansche Republiek (ZAR).

After the death of Dingane in 1840, the Republic of Natal was also consolidated and
included the region between the Tugela and the White Umfolozi rivers. Thus there
were initially two republics, namely Potchefstroom-Winburg and Natal. Only in
October 1840 were they united into one state, with Pietermaritzburg as the capital.

A third party, besides the Africans and Voortrekkers, was also involved in the region,
namely British imperialists. From 1837, but particularly during 1840 to 1841, the
Voortrekkers requested the British government to recognise their independence in the
republics officially, but this request was denied. The British governor at the Cape, Sir
George Napier, decided to annex Natal in 1841. However, the British succeeded only
after the battle of Congella in 1842, when the Voortrekkers were defeated; the area
between the Tugela, the Drakensberg, Umzimvubu and the sea was declared British
territory. Many Voortrekkers subsequently left Natal and moved to the Transvaal.

The Voortrekker republic of Potchefstroom-Winburg (in the Transvaal) was

reorganised and declared independent. In 1844 its borders were fixed as the Orange
River, the Drakensberg, the Lebombo Mountains, the Kalahari and the Limpopo
River (more or less). The British administration did not accept these developments
and, in 1843, concluded an alliance with the Griquas and the Basotho to preserve the
peace on the colonial borders. This brought them into conflict with the Voortrekkers.
In 1845, the first violent clash between the Voortrekkers and the British took
place at Swartkoppies. This was followed in 1848 by the British annexation of the
territory between the Orange and the Vaal by Sir Harry Smith. By way of resistance,
a commando under Andries Pretorius confronted the British at Boomplaats in August
1848, but was defeated and the annexation was upheld in the territory, which came
to be known as the Orange River Sovereignty.

Between 1850 and 1852, however, certain events occurred that shifted the balance of
power. These events were the eight wars between the amaXhosa and whites in the
Eastern Cape; Zulu dissatisfaction in Natal; and (it is believed) cooperation (against
the British) between Moshoeshoe I and Andries Pretorius of Transvaal and between
the Voortrekkers in Transvaal and the Orange River Sovereignty. Of considerable
significance was the defeat of the British representative in the Sovereignty, Major
HD Warden, by Moshoeshoe I at Viervoet in 1851. The result was the conclusion of
the Sand River Convention in January 1852, whereby the British officially recognised
the independence of the territory north of the Vaal River.

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Other factors also came into play. One of these was another British defeat at the hands
of Moshoeshoe I in December 1852 at Berea. In addition, events in Europe (which
demanded more of Britain’s attention and military assistance), domestic pressure
in Britain to give up the administration of the Sovereignty and a need for heavy
British military involvement in the territory all prompted the British to conclude
the Bloemfontein Convention in 1854. This Convention officially recognised the
territory between the Orange and Vaal rivers as an independent state (which became
known as the Republic of the Orange Free State).

The form of government of both territories was republican and, at the head of
each, was an elected state president. He was assisted by an executive council, which
was responsible for the executive authority. The legislative authority was vested in
a unicameral parliament called the Volksraad (House of Assembly). (A unicameral
parliament has only one house.) Political representatives were not elected on a
party-political basis; for the most part, they represented certain interest groups
and were elected on an individual basis. A supreme court and magistrates’ courts
were responsible for the administration of justice. Only whites had the franchise in
these republics. The rest of the population was subject to a system of trusteeship,
in that the military officers of the commando system administered black groups
within the republics. From 1885, the Transvaal state president was, in terms of the
Natives Act, the supreme chief of all black persons in the Transvaal, and the same
powers as those of a traditional leader were vested in him. In the districts of the
Transvaal, Bantu commissioners looked after the interests of black persons, while
the government appointed chiefs. Together with the ordinary courts of justice, they
could judge less serious civil cases (i.e. cases between private persons or institutions
in which the state did not lay the charge).

The independence of the state of Transvaal was temporarily terminated in 1877 when
Theophilus Shepstone annexed it on behalf of the British government. However, the
annexation ended in 1881 after the battle of Amajuba, in which the British force was
defeated. From 1899 to 1902, both republics were engaged in a war against Britain,
which was the direct result of the refusal of the Transvaal government to extend
the franchise to immigrants (the Uitlanders), many of whom were British. In 1902,
Transvaal and the Orange Free State had to make peace with Britain in Pretoria and
forfeit their independence. This marked the end of these territories as separate states.

The significance of the republics for the current South African state is, first, that
they laid the basis for the provinces of the Transvaal and Orange Free State in 1910.
To a lesser extent, they also determined the boundaries of the current province of
KwaZulu-Natal. The provinces of the Gauteng, Limpopo, Mpumalanga and the
North-West (all in the former Transvaal), Orange Free State and Natal still form
the basis of the new provincial dispensation introduced in 1994. Furthermore, the
call for a volkstaat was based on the old independent republics of the Transvaal and
Orange Free State.

To sum up, let’s consider how the “white” state of South Africa developed:

• From 1806 to 1910, the Cape was a British colony.

• The first two Voortrekker states (Potchefstroom-Winburg and Natal) united in
1840 and functioned as an independent state.
• In 1842, Natal was annexed as a British colony.
• The independence of the region north of the Vaal River was recognised by the
British in 1852; in 1860, the territory formed a united state (ZAR).

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 STUDY UNIT 1: The development of the South African state

• In 1854, the British recognised the independence of the Orange Free State.
Thus, by 1854, the Cape and Natal were colonies of Britain and Transvaal and
the Orange Free State were independent republics.
• Between 1877 and 1881, the Transvaal was managed as a British territory and
only the Orange Free State was independent.
• Between 1881 and 1902, the Transvaal and the Orange Free State were independent
republics and the Cape and Natal were British colonies.
• Between 1902 and 1910, all four territories were British colonies.
• In 1910, they were united in the Union of South Africa and, for the first time, it
was possible to refer to South Africa as one state.

Up to and including 1910, the black state structures (chiefdoms) were never really
directly involved in the formation of the constitutional state of South Africa. In
the Cape and Natal colonies, a system of qualified franchise for black persons was
applied, but whites in parliament nonetheless represented black people. Only a very
small percentage of the black section of the population had the franchise, in any
event, while the rest were totally excluded.

Virtually the only exceptions to whites-only rule were the inclusion of certain black
institutions in government; these were co-opted into the colonial administration.
Examples were traditional leaders who acted as local authorities. (“Co-opt” here
means that the traditional leaders were absorbed into the colonial administration,
that is, they ended up serving their colonial masters and lost their independence.)
Not surprisingly, customary traditions and indigenous, customary law were not fully
accommodated in this arrangement and there was often direct interference in the
selection of such traditional leaders (e.g. the appointment of chiefs by the colonial
administration).

The new South African state therefore had a dualistic (two-sided) character. After
unification, there was a white state placed over a black population. This contradiction
was addressed for the first time in 1913 (by the Land Act) and, later, in 1936 (by
the Bantu Trust and Land Act), in that the basis for black reserves and the later
homelands was laid. The aim of apartheid was that these regions would eventually
develop into autonomous (self-governing, but not independent) new states. The South
African state of 1910 therefore had to be radically restructured in accordance with
this ideology. This process is often critically referred to as the balkanisation of South
Africa. (“Balkanisation” refers to the history of the Balkan states in Europe, such
as the former Yugoslavia, Albania, Greece, Bulgaria, Romania and Hungary. Some
of them came into being after World War I, when the defeated Austro-Hungarian
Empire was carved up into various new states. Therefore, the literal meaning of
“balkanisation” is the fragmentation of a state.)

ACTIVITY
Identify the one combination in which the two columns do not match?:

(1) Bloemfontein Convention independence of Orange Free State

(2) legislative authority Volksraad
(3) volkstaat two former republics
(4) 1881–1902 Cape and Natal were republics

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4 FEEDBACK
The Bloemfontein Convention recognised the independence of the Republic of the
Orange Free State, while the Sand River Convention recognised the independence
of the territory north of the Vaal River. The legislative authority in those republics
was vested in a Volksraad. The present-day conservatives in South Africa base
their call for a separate volkstaat on the deal of the two old republics. Between
1881 and 1902, the Cape Colony and Natal were British colonies and therefore
did not share the republican tradition. Therefore, point (4) does not belong.

1.4 RESTRUCTURING AND SUBJUGATION OF TRADITIONAL

AUTHORITY

1.4.1 Mfecane/Difaqane and the restructuring of the political terrain

In the early years of the 19th century, shortly after the white farmers (the descendants
of the free burghers and other immigrants) reached the interior, the Bantu-language-
speaking communities turned on each other. This is referred to as the Mfecane or
Difaqane. The result was a radical restructuring of the settlement pattern of a large
part of the black section of the South African population; their political structure
also underwent profound changes.

The origin of the Mfecane was the unrest caused by strife among the northern
Nguni chiefdoms, which gave rise to the formation of larger units (in particular,
the Ngwane, the Ndwandwe, the Hlubi and Mthethwa). Conflicts then developed
among these northern Nguni chiefdoms and, as a result, people resettled over an
extensive area. The Zulu, a small chiefdom in the Mthethwa confederation, played
an important role in this conflict in the region between Delagoa Bay (present-day
Maputo in Mozambique) and the borders of the Cape Colony. Some Ndwandwe
groups went as far as Lake Victoria and established Nguni power south and north-
east of Lake Malawi.

One of the causes of the conflict (which, to date, has received little attention by
scholars) is the role played by the regulation of trade. The Ndwandwe and Ngwane
chiefdoms, which had developed as politically independent units during the 18th
century, had participated for many years in the trading activities of the Tsonga
chiefdoms, who had access to Delagoa Bay. These chiefdoms sought to break the
trading monopoly (i.e. exclusive control) of the Tsonga, particularly of the ivory
trade. Dingiswayo, the Mthethwa chief, therefore concluded an alliance with the
Maputo tribe, which controlled Delagoa Bay and, as a result, conquered the access
route to the Bay. The Ndwandwe reacted by attacking the Mthethwa and Maputo
in 1817 or 1818 and murdering Dingiswayo.

Dingiswayo’s death gave Shaka the opportunity to seize power. Although Shaka was
a Zulu, he used his skills to take control of the Mthethwa army. He also took over
the Mthethwa kingdom and in 1819 he defeated the Ndwandwe. Shaka’s campaigns
as part of the Mfecane took place between 1817 and 1828.

After their victory over the Ndwandwe, the Zulu armies turned southward and
penetrated Pondoland as far as the Umzimvubu River. This led to a chain reaction,
which destabilised the entire region north of the Kei River. After the death of Shaka

14
 STUDY UNIT 1: The development of the South African state

in 1828, Faku was once again in a position to build up an alliance with the southern
Temba and Xhosa and to stabilise the region. At the same time, Shaka’s successor,
Dingane, was engaged in consolidating his power.

In other areas of present-day South Africa, too, the Mfecane exerted an important
influence and this affected two leaders in particular: Moshoeshoe I and Mzilikazi.
Moshoeshoe I became involved in the confl ict between the Ngwane and Hlubi
and was compelled to move his base to the mountain stronghold of Thaba Bosiu.
From there, he was able to beat off several attacks and he systematically unified the
fragmented groups in the Caledon River valley to form the Basotho. Moshoeshoe I
is therefore regarded today as the founder of present-day Lesotho.

Mzilikazi was the leader of the Ndebele or Matebele. He had been involved in
Shaka’s armies, but in 1821 he refused to hand over captured cattle to Shaka and had
established himself in the area north of the Vaal River. The Ndebele were present in
the mid-Vaal area during 1823 to 1827, after which they were involved in campaigns
against the Kwena and Kgatla to the east and west of their base in the Magaliesberg,
up to 1834. In 1831 Mzilikazi led a campaign against Moshoeshoe I at Thaba Bosiu,
but it failed. Four years later, he drove the Hurutshe out of the Marico and established
his own headquarters at Mosega (Davenport 1987:10-19).

When the Voortrekkers arrived in the area, they defeated Mzilikazi’s forces. In
January 1837 they attacked Mosega and the Ndebele were forced to flee northward.
In November 1837 Mzilikazi was again defeated by the Voortrekker leader, Hendrik
Potgieter, and crossed the Limpopo. After serious internal disputes had been settled,
the Ndebele established a new headquarters called Bulawayo. Note that these
events played an important part in the history of Zimbabwe, since the descendants
of Mzilikazi’s supporters in present-day Zimbabwe were the supporters of Joshua
Nkomo’s ZAPU. Shortly after the independence of Zimbabwe in 1980, Matebeleland
was the scene of violent incidents that were ascribed chiefly to dissidents in ZANU
(PF). Only after the Unity Agreement had been concluded in 1987 did the situation
stabilise.

As we said earlier on, the Mfecane resulted in a radical redistribution of the

various Bantu language groups. The power structures of some chiefs were totally
destroyed, while kingdoms such as those of the Zulu and Basotho flourished. The
resulting prominence of the Zulu kingdom was a particularly important factor in
the development of the South African state.

1.4.2 The chiefdoms in South Africa

The Mfecane, the Great Trek and the spread of the white settlements to the Transvaal
Highveld and Natal resulted in a radical redistribution of power among the chiefdoms.
An example of this is Moshoeshoe I of the south Sotho, who united a number of
Sotho and Nguni groups in the Caledon River valley. Kgama of the Ngwato, who
was one of the Tswana chiefdoms in the Kalahari region, succeeded – with the aid
of the British government – in protecting his territory against the penetration of
white settlers. Moshoeshoe I, Kgama and Mswati and his successors in Swaziland
therefore laid the foundation for the later High Commission areas of Swaziland,
Basutoland (Lesotho) and Bechuanaland (Botswana).

The majority of chiefdoms in the territory of present-day South Africa were not,
however, successful in their opposition to colonialism. The Zulu state was destroyed

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during the rule of Cetshwayo (1872–1879). Other chiefdoms that were unable to
survive were Sekhukhune’s Pedi in the eastern Transvaal (now part of Limpopo
Province) the Ndebele under Mzilikazi and Lobengula; and Nguni chiefdoms such
as the Xhosa, Thembu, Mpondo and others, who were absorbed by the Cape Colony.

The chiefdoms that existed in South Africa by the middle of the 19th century can
be classified under the following groups: Tswana, Pedi, Lovedu, Venda, Ndzundza,
Mfengu, Ndebele, South Sotho, South Nguni and North Nguni.

We do not intend to discuss each of these groups; instead, we will present a broad
survey of the whole situation. However, you need to remember that a number of
proto-states (i.e. political structures that can be regarded as the beginning of modern
states) existed in the interior of what is now South Africa, before the region was
colonised. We will focus only on those factors that directly influenced the state
structure of the chiefdoms.

Kinship was the most important binding factor in the African community. People
saw themselves primarily as members of a genealogical tree that consisted of their
immediate family, relatives and forefathers. Furthermore, they saw themselves as
members of a group, such as a clan (in the case of the Nguni). By the 19th century,
however, kinship had been replaced by territorial factors as the most important
political binding force. Local government was organised on the basis of districts
and wards under subchiefs and chiefs. The way in which the leaders of the wards
(traditional leaders) were appointed changed over time. However, it is important to
point out that this was one of the ways in which the chief exerted his authority: in
effect, he operated through other traditional leaders.

The trend was not so much for traditional leaders to exercise authority over certain
people, but for traditional leaders to be vested with authority over a defined territorial
unit. The post of traditional leader was formalised as a result of European colonial
influence and increased literacy among the chiefs’ advisers. The basis was thus laid
for the establishment of the modern state in South Africa, the state being a political
entity determined by territorial borders. In short, the state is associated with a specific
territory that has demarcated borders. The identification of traditional leaders and
groups with a specific territory would also be the basis of the later demarcation of
homelands.

The chief was responsible for the cohesion of the community under his authority.
He was responsible for the administration of justice in the community, and he was
also the legislator, the military leader and the dispenser of land. In modern idiom,
therefore, it can be said that in these societies, there was no separation of the
legislative, executive and judicial authorities – the chief performed all these functions.
The principle of the trias politica was therefore totally absent. Another characteristic
of this situation was that the traditional leaders were responsible for all the most
important functions in society, and there was no distinction between the institutions
of civil society and political society. (These two concepts will be explained later.)
Briefly, this meant that the traditional leaders were not only political leaders, but
were also leaders in all other spheres of society. It is therefore difficult to identify
those activities that were “purely political”.

The chief had his own counsellors or advisers. They were not bureaucrats, but
“leaders of followers”. Supporting the chief in the Tswana and Nguni communities
was the big induna, who combined semi-regal and judicial authorities. Control over
economic affairs was vested in a number of senior counsellors.

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 STUDY UNIT 1: The development of the South African state

The councils on which the traditional leaders relied for advice varied a great deal.
All communities, however, emphasised the principle of government by discussion
and approval. Examples of this type of council, which served as sounding boards (i.e.
places where they could discuss things) for the traditional leaders were the pitso of
the Sotho, the imbito or imbizo of the Nguni and the libandla of the Swazi. Davenport
(1987:72) describes how Moshoeshoe I’s pitso functioned:

Discussion, according to contemporary observers, was keen, great freedom of

speech allowed, and great weight attached to the opinion and attitude of the
people. The people, as often as not, followed the line they judged the chief
was taking, but if, for some reason, they opposed him, and he expected their
opposition to be firm, he would not often risk forcing the issue. Moshoeshoe
himself constantly asserted that he could do nothing without consulting and
gaining the consent of his sons and other chiefs, and in his announcements
and proclamations he usually used such phrases as “Given with the advice
and concurrence of our tribe, or, as in his proclamation against witchcraft,
This word is assented to by Letsie, by all my brothers and by all men of the
tribe who spit on the lie of witchcraft and cover its face with their spittle”.

The decision of a council was usually proclaimed in the name of the chief, whose
task it was to obtain the consensus (concurrence) of the meeting. If he ignored the
advice of a council or made a bad decision, the headmen in the various wards simply
neglected to carry it out. If he acted in defiance of public opinion, he ran the risk of
large sections of his tribe breaking off political ties with him.

Succession of a chief was another important political act. The successor was usually
the eldest son of a wife who had been specifically identified and who was usually of
royal birth. However, the chief’s council had to approve the choice of a successor,
and the councils of the Swazi, Venda and Northern Sotho could relatively easily
overlook an unsuitable successor, as long as they could designate a successor from
the ruling royal house.

Philosophers of the origin of the state, such as Thomas Hobbes, used the condition
of the nature state to justify the creation of the state by the symbolic conclusion of
a social contract. We hope that our discussion of the chiefdoms in the 19th century
has demonstrated that no nature state (i.e. a situation without political authority)
existed in South Africa when the European settlers arrived at the Cape. But the
present South African state cannot be regarded as having been derived solely from
the colonial administration. Instead, South Africa – as a state – should be seen as
the product of two things:

(1) the colonial (Western) tradition of state creation – particularly the idea of a
nation-state as it developed from the time of the Treaty of Westphalia (1648);
and
(2) traditional, African ideas of government.

Since South Africa is also a developing country in a political sense, this means that, at
any given moment, the Western and African elements operate in a specific relationship
with one another. In some parts of the country, the political culture and political
institutions are predominantly of a traditional character, and the Western influence
is still very limited. This applies particularly in areas in the former homelands where
the local authorities are still dominated by the traditional leaders. In other regions,
such as the metropolitan areas, Western influence is predominant and traditional
institutions play a limited role. You should therefore be sensitive to the fact that

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the South African state is not only undergoing democratisation, but that it is also
modernising and becoming increasingly similar to a Western, capitalist state. What
is also important is that the level of development of the state varies from region to
region in South Africa. This brings us back to the point that we made at the beginning
of this study unit, namely that the development of the South African state has not
followed the same pattern as that of the Western European states.

ACTIVITY
Three of South Africa’s neighbouring states, namely Mozambique, Lesotho and
Zimbabwe, were directly affected by the strife caused by the Mfecane/Dfaqane.
Explain the relationship between the following:

• Mzilikazi and Bulawayo

• Moshoeshoe I and Thaba Bosiu
• Dingiswayo and Maputo

5 FEEDBACK
Dingiswayo, as chief of the Mthethwa, concluded an alliance with the Maputo tribe,
who controlled present-day Maputo, in order to break the trade monopoly of the
Tsonga, Ndwandwe and Ngwane. The Ndwandwe responded violently and the
Mfecane was set in motion. Both Mzilikazi and Moshoeshoe I were instrumental
in building new groups or nations from the remnants of the Mfecane. Mzilikazi
took part of the Ndebele to the current Zimbabwe and established a settlement
at Bulawayo. Moshoeshoe I united the scattered groups of the southern Sotho
around his main settlement at Thaba Bosiu, in what is now Lesotho, and formed
the Basotho nation.

1.5 THE CONSTITUTIONAL DEVELOPMENT OF THE APARTHEID

STATE
In this section we will give you a brief summary of the constitutions of 1909, 1961
and 1983 to show you how the apartheid state was structured.

• The 1909 Constitution was adopted by the British parliament as the first constitution
of a unified South Africa in the British Commonwealth. The British monarch
remained the ceremonial South African head of state, but a South African prime
minister and Cabinet exercised the executive powers.
• The 1961 Constitution introduced a republican form of state outside the
Commonwealth, with a South African state president as the ceremonial head
of state. (When we talk about a ceremonial head of state, we mean that the
state president represented South Africa as a state, but that he did not have any
executive authority.) In nearly all other respects, the Constitution remained the
same as the 1909 Constitution.
• The 1983 Constitution was presented as a step towards reform after the 1976
Soweto uprising. It created three houses of parliament, for whites, coloureds and
Indians. It also combined the powers of the head of state and head of government
in an executive president and abolished the office of prime minister.

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 STUDY UNIT 1: The development of the South African state

All these constitutions shared the fundamentally undemocratic characteristic that they
excluded the black section of the population from all forms of political rights. From
1913 onwards, a framework had been developed of reserves and, later, homelands;
these were the areas within which Africans were supposed to exercise their political
rights. In 1983, this philosophy extended to include the level of local government,
when separate black local authorities were established for governing the townships.
The internal revolt in the 1980s, driven by the United Democratic Front, had a
major impact on the eventual demise (downfall) of the National Party government.

Together, the constitutions mentioned above established the following practices, all
of which have had a significant influence on the current South African state:

• Parliamentary sovereignty prevailed, because the constitutions could be changed

easily.
• The courts could not protect or enforce the Constitution by means of judicial
review.
• No bills of rights existed, which could be enforced by the courts.
• The executive consisted of the prime minister and the Cabinet, who were
accountable to parliament and who could be removed by a motion of no confidence.
In 1983 an executive president replaced the prime minister.
• There was limited separation of powers, that is, Cabinet members also had to be
members of parliament.
• Until 1980, parliament consisted of two houses (bicameral).
• The Westminster system of the winner-takes-all allowed for situations where a
simple majority (i.e. less than 50 percent +1) could prevail, simply because only
one member represented each constituency.
• This system also encouraged a predominantly two-party system, with a governing
party and the official opposition.
• The system of provinces was established (although these provinces were part of
a centralised unitary state).

1.6 CONCLUSION
Now that you have worked through this study unit, you should be able to explain
the main characteristics of the pre-imperialist situation in South Africa; discuss how
colonialism during the Dutch and British periods shaped the development of the
South African state; explain why the legacy of the republics of the Transvaal, Orange
Free State and Natal is still relevant for the modern South African state; discuss
how traditional authority (in its current form) is largely the result of the Mfecane/
Difaqane and the subjugation of the chiefdoms; and demonstrate how the apartheid
state influenced the current state. In the next study unit we will continue discussing
the composite elements of the modern South African state. We will then focus on
the restructuring of the state since the early 1990s and its eventual democratisation.

SELF-ASSESSMENT
(1) Describe the pre-imperial foundations of the South African state (i.e. as it
exists today).
(2) Discuss the contribution of Dutch and British domination to the development
of the modern South African state.
(3) How did the Mfecane/Difaqane influence the restructuring of the political
pattern in the interior and on the east coast?

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THEME 1: THE DEVELOPMENT AND RESTRUCTURING OF THE SOUTH AFRICAN STATE

(4) Explain the political organisation of the chiefdoms in South Africa.

(5) How did the republics of the Transvaal, Orange Free State and Natal influ-
ence the formation of present-day South Africa?
(6) What are the main characteristics of the apartheid constitutions that influ-
enced the current state?

Should you wish to read more about the development of the South African
state, you can consult the following publications:

Davenport, TRH. 1987. South Africa: a modern history. 3rd edition. Johannesburg:
Macmillan.
Elphick, R & Giliomee, H (eds). 1979. The shaping of South African society, 1652–1820.
Cape Town: Longman.
Welsh, D. 2017. Apartheid and its legacies, in South African politics: an introduction, edited
by N de Jager. 1st edition. Cape Town: OUP Southern Africa.

20
 2 STUDY UNIT 2
2 Restructuring of the South African state

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• discuss the specific circumstances that led to transformation in South Africa

• discuss the internal and external pressures (planned and unplanned) that created
the context for the changes that occurred in 1990
• discuss the distinct phases of a negotiation process
• list significant characteristics of the talks-about-talks phase in South Africa
• discuss Codesa as a phase of preliminary bargaining
• explain why the Record of Understanding was so significant in the structuring
of the transition
• discuss whether the Multiparty Negotiating Process or the elected Constitutional
Assembly should be credited as being the key mechanism in the negotiation of
the new Constitution

KEY CONCEPTS
Please make sure that you understand the following key concepts before you
begin working through this study unit:

Bilateral talks: A form of negotiation between two persons or parties outside the
formal negotiation process. Bilateral talks are often important when parties are
preparing for formal negotiations or when they are trying to reach a compromise
outside formal talks when it is not easy to make progress in formal negotiations.

Consensus: A form of decision-making in which all parties involved support

a particular decision. A single dissenting vote could prevent the parties from
reaching consensus, or cause them to veto (or reject) a decision. In the South African
negotiations, the principle of sufficient consensus was developed, which effectively
meant agreement between the ANC and NP. (In the Northern Irish peace process,
a similar mechanism was used.)

Constituent assembly: An elected institution responsible for negotiating a

constitution.

Negotiation: The process of back-and-forth communication aimed at reaching

agreement with others when some of your interests are shared and some are opposed
(Ury 1993:4).

Restructuring: A process in which status quo (existing) institutions and/or practices

are transformed into new ones that are radically different from the old ones (the aim
being to democratise an institution/country).

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Transition: A period between the old and the new, that is, the interim (or in-between)
period during which status quo institutions/practices are phased out and new ones
are created or introduced.

2.1 INTRODUCTION
In this study unit we will explain how the South African state, with its history of
colonialism and apartheid, has, since 1990, been restructured in order to democratise
the whole of South African society. Given the radical nature of this restructuring,
we can actually regard the post-1994 political dispensation as the creation of a new
South African state. What makes this process even more meaningful is that what
happened in South Africa was not unique; the same thing (i.e. democratisation) was
occurring at the same time in other African countries. Moreover, at the same time,
the socialist states in Eastern Europe were introducing new forms of government
and economic systems. In the process, some states became fragmented or balkanised
(e.g. the USSR and Yugoslavia), others were divided up (e.g. Czechoslovakia), and
others were united (e.g. East Germany and West Germany). However, it is true to
say that new states were formed in all these cases.

As a general observation, you should note that the transition process in South Africa
was overshadowed by a legal, constitutional approach to transformation. This is why
this study guide focuses so closely on the institutional arrangements of the transition
and a constitutional approach to transformation. However, it would be incorrect to
pretend that the restructuring of the South African state lacked a dynamic dimension.
A study of the restructuring of the public sector and the civil service, for example,
would highlight this dynamic dimension, especially insofar as affirmative action,
privatisation and budgetary restructuring are concerned. Development-oriented
policy-making based on the Reconstruction and Development Programme (RDP)
and the Growth, Employment and Redistribution (GEAR) policy are also essential
elements in the restructuring of the state, although they are merely short-term
government policy.

Next we can look at the specific circumstances that led to transformation in South
Africa.

2.2 THE DEMISE OF APARTHEID

2.2.1 Reasons for restructuring

One of the subjects about which there is a great deal of speculation is why FW de
Klerk radically changed the political philosophy of the National Party government
on 2 February 1990 and initiated the process of restructuring the state.

In this discussion, we will rely largely on Frederik van Zyl Slabbert’s (1992) ideas.
His point of departure is that, as state presidents, both PW Botha and FW de
Klerk were confronted by the same circumstances, but that the two men reacted
to these circumstances very differently. Differences in their psychological make-up
and leadership style can therefore be regarded as a factor in South Africa’s political
change. However, this does not mean that external influences did not play a part in
the two men’s decisions. Their decisions were also determined by social, economic
and political influences beyond Botha and De Klerk’s control.

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 STUDY UNIT 2: Restructuring of the South African state

Two of the most important factors were as follows:

• the political deadlock that FW de Klerk inherited from PW Botha

• the weakening position of the National Party (NP) after the 1989 general election

2.2.2 Political deadlock

Firstly, let’s look at the political deadlock. The Botha era may be described as the era
of technocratic reform in that the apartheid ideal of radical partition was abandoned
and replaced by ad hoc steps, such as the creation of black local authorities, Regional
Services Councils, a partially multiracial parliament and the abolition of the pass laws.
All these steps emphasised the untenable constitutional situation of the black section
of the population. (“Untenable” means that the government could not defend its
position of excluding blacks from government.) The NP therefore lost its ideological
direction, its unity and solidarity – and even its role in the government of the country.
PW Botha used his presidential authority to exclude not only parliament, but also
the NP and its caucus from decision-making by placing increasing decision-making
powers in the hands of the State Security Council. This Council was the supreme
institution in the National Security Management System, which influenced all levels
of government in South Africa. The states of emergency that prevailed from 1985 to
1990 were managed by this system and constituted part of the general militarisation
of the white section of South African society, in particular.

The political consequences of the reform programme meant that South Africa would
inevitably be one state with one constitution and one citizenship. However, the NP
believed that this had to take place by maintaining white control over the political
system and by co-opting everyone who was not white. Examples were the proposal
to establish a National Council as a negotiating forum for the black section of the
population, in particular, but excluding banned organisations such as the ANC
and SACP. The Inkatha Freedom Party, was supposed to play a leading role in this
formation, but a political deadlock developed because of Inkatha’s condition that
Nelson Mandela first had to be released. A further symptom of the political deadlock,
which existed under PW Botha, was his offer to release Nelson Mandela, provided he
renounced violence. (Neither the NP nor the ANC had renounced violence, but the
ANC suspended the armed struggle in August 1990.) Thus FW de Klerk inherited
a deadlock in 1989.

2.2.3 General election of 1989

Apart from the political deadlock, the second factor that contributed to the events
in 1990 was the effect of the general election in 1989. The NP had gradually begun
to lose support, from 57 percent in 1981 to 48 percent in 1989. The actions of the
Botha administration were politically costly for the government, as was evident from
the breakaway of the Conservative Party in 1982, which provided a home for many
traditional NP supporters. The ethnic unity in Afrikanerdom was no longer strong
enough to keep the NP in power indefinitely. Economic factors were an important
reason for the alienation of the white working class, farmers and certain public
servants from the NP. Labour legislation and reduced support for agriculture played
an important part in this process of alienation.

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The decisions of the De Klerk government in 1990 to restructure South African

politics by moving from a white to a non-racial political system may be seen as a
reaction to the NP’s growing inability to function effectively in white politics.

Take note, therefore, that the changes in 1990 did not represent an independent
decision, but they took place in a context dominated by various pressures. Van Zyl
Slabbert (1992:32-37) draws a distinction between pressure that was internal and
external to South Africa, and between planned and unplanned pressure. We will
discuss each of these aspects briefly next.

2.2.4 Unplanned internal pressure: urbanisation

The unequal population growth between white and black in South Africa was such
that white domination could not continue. Pressures created by this population growth
rate were reinforced by the urbanisation of people from the homelands, which made
apartheid’s policies on housing, education and health totally unworkable. The regime’s
intolerant reaction to black urbanisation was an important contributory factor as far
as external pressure, isolation, internal unrest and mobilisation were concerned. It
also became increasingly evident that the South African economy could not meet
the demands placed on it by apartheid.

2.2.5 Planned internal pressure: unrest

The 1980s was a period dominated by internal resistance to the government. The
call of the ANC during this period was to make the state ungovernable, the UDF
mobilised mass action in the townships and the NP government’s reaction to all of
this was to declare a state of emergency. Most of the black local authorities were no
longer functioning as a result of rent boycotts and the murders of council members.
The crisis in black education, which had led to a flare-up as long ago as 1976 (the
Soweto uprising), became worse, not better, and there were rioting in the homelands
and military takeovers in the Transkei, Ciskei and Venda. Trade unions under the
leadership of the Congress of South African Trade Unions (Cosatu) were involved
in extensive mass action. The degree of instability increased to such an extent that
the government placed stringent restrictions on newspapers, such as the Weekly Mail
and New Nation, and on the UDF and its affiliated organisations, on Cosatu and the
Azanian People’s Organisation (Azapo). In reaction to this, a loose Mass Democratic
Movement (MDM) developed, which adopted the same ideological standpoint as
the UDF and Cosatu. The MDM was an effort by UDF and Cosatu leaders to
continue with their actions in the face of the government’s clampdown. Since the
ANC was regarded as the mother organisation, and the MDM a front organisation,
it was generally accepted that the ANC should play a key role in the resolution of the
deadlock and that the ANC should be an agent of political restructuring.

By 1989, the political situation in South Africa was one of deadlock (see above).
As a result, the NP government and the ANC accepted that, on the one hand, the
state would not collapse, but that on the other hand, it could not be reconstructed
in accordance with NP philosophy. Instead, it had to be transformed through a
process of negotiation.

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 STUDY UNIT 2: Restructuring of the South African state

2.2.6 Unplanned external pressure: the USA and the USSR

2.2.6.1 Superpower cooperation

One of the consequences of the closer relationship between the USA and the USSR
in the late 1980s was that both superpowers came to realise that regional conflicts had
to be solved politically; military conflict was no longer a tenable option. This led to,
among other things, a different policy and approach to Angola, Namibia and South
Africa. Antagonists in these territories could no longer play the two superpowers off
against each other and, to a greater extent, were left to themselves. The new Soviet
approach, in particular, weakened the ability of the ANC to take armed action, with
the result that it had to give more serious consideration to negotiations.

On the other hand, the NP government saw the fall of socialist regimes in Eastern
Europe as a sign that communism or socialism no longer posed the threat that it
had represented in the total onslaught era. This meant that the NP could change
its views (the ANC and others had always been regarded as terrorists involved in a
Russian-orchestrated total onslaught on the state), break the deadlock and begin a
transformation process.

2.2.7 Planned external pressure: international isolation

South Africa’s international isolation was most apparent in two areas. The participation
of the South African Defence Force (SADF) in the war in Angola in support of Unita,
as well as against Swapo in Namibia, meant that the independence of Namibia was
linked with the war. Since the South African presence in SWA/Namibia was regarded
as unlawful in terms of international law and the South African government had for
many years been unwilling to implement United Nations Resolution 435 (1978) for
Namibian independence, South Africa was isolated by the international community.
Once Namibia achieved independence in 1990, the focus switched to the untenability
of the internal political situation (i.e. white domination) in South Africa.

Disinvestment constituted the second sphere of international isolation. The

process was accelerated after PW Botha’s Rubicon speech in 1985, a speech that
the international community found extremely disappointing. The most successful
sanctions were financial sanctions, which cut the South African government off from
international loans, and the arms embargo, which prohibited all trade in military
weapons with South Africa. Other contributory forms of isolation were the sports
boycott, diplomatic isolation and the cultural and academic boycott. Trade sanctions
did not have precisely the same effect of isolation.

ACTIVITY
Which type of pressure discussed above is described in the following quotation
from Van Zyl Slabbert (1992:33)?

“Increasingly it became apparent that the demands on the South African

economy imposed by the ideology of apartheid could not be met. Political
goals like homeland consolidation, job reservation, separate amenities, and
temporary African urban status were abandoned.”

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THEME 1: THE DEVELOPMENT AND RESTRUCTURING OF THE SOUTH AFRICAN STATE

6 FEEDBACK
Van Zyl Slabbert identified four factors: planned and unplanned internal and ex-
ternal pressures. One of them, the unplanned internal pressures, resulted from
the accumulated effects of black urbanisation. The quotation describes some of
these effects.

You now know the factors and circumstances that led to the announcements of 2
February 1990. What was the substance of these announcements?

• The ANC, SACP, PAC and other banned organisations were legalised.
• Nelson Mandela and other political prisoners were released.
• Restrictions on the UDF, Cosatu, Azapo and others were lifted.
• A moratorium was placed on the death sentence.

In the opening address to parliament in 1991, these changes were elaborated on

to include the repeal of important apartheid legislation, such as the Group Areas
Act and the Population Registration Act. The legalisation of the ANC meant that
the political deadlock was broken and the general feeling was that negotiations
should be started as soon as possible with a view to restructuring the South Af-
rican state and democratising it away from apartheid.

ACTIVITY
Briefly discuss the repeal of apartheid legislation and what legislation such as the
Group Areas Act and the Population Registration Act entailed.

7 FEEDBACK
For over 350 years, black people in South Africa had been subject to unjust laws.
On 17 June 1991, the laws were removed by a vote in parliament that repealed
the legal framework of apartheid and began the process that would eventually
abolish apartheid. The legal framework of apartheid consisted mainly of four Acts,
namely the Population Registration Act, The Group Areas Act, the Land Act and
the Separate Amenities Act.

2.3 TRANSITION AND NEGOTIATION

South Africa’s transition and restructuring were negotiated processes and were neither
abrupt nor violent (as is the case in a revolutionary transition). Let’s first have a brief
look at negotiation in general.

Negotiations – and what they constitute – is a vast subject and it is not our intention to
deal with this subject in detail here. However, you do need to realise that, in politics,
negotiations take place at different levels. You probably know about international
negotiations, which are usually entered into to terminate wars or conflict (e.g. the
negotiations at Versailles to end World War I), or between the superpowers (the
USA and the former USSR) to limit nuclear weapons (the negotiations for SALT I
and II and START).

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 STUDY UNIT 2: Restructuring of the South African state

Negotiations at a national level are usually entered into in order to end internal or
civil war, to achieve independence (e.g. the negotiations at Lancaster House for the
independence of Zimbabwe) or to democratise an existing state (e.g. since 1990, the
national conferences in Benin, Togo, Niger and Mali). The negotiations in South
Africa had two objectives: to end an internal conflict and to democratise the state.

Theoretical studies of negotiations are often based on two foundations: game theory
(which makes considerable use of the rational choice theory) and labour relations
(employer–worker negotiations). (Note that the details of both of these theories are
irrelevant as far as this course is concerned.)

In our discussion of the phases in the negotiation process, we will refer to three
main sources:
• the work of Pierre du Toit and Jannie Gagiano of the University of Stellenbosch
• the work of Frederik Van Zyl Slabbert
• the Harare Declaration

2.3.1 Du Toit and Gagiano

Pierre du Toit and Jannie Gagiano (1988:7) identify the following three phases:

(1) Bargaining about bargaining or talks about talks. In this phase, a choice must be
made between two options: the first is a party in the conflict situation achiev-
ing a victory on its own terms, terms that are then imposed on other parties;
the second is the parties reaching a mutually advantageous negotiated settle-
ment. Parties who decide on the second option (negotiations) have normally
recognised the potentially destructive nature of confl ict and are therefore
motivated to cooperate with one another and terminate the conflict in this
way (i.e. through negotiations). The aim of bargaining about bargaining is
thus to get leaders to commit themselves to reaching a negotiated settlement
together. In South Africa, an important part of this process had already been
finalised before February 1990, although consolidating the gains made took
up the greater part of 1990.
(2) Preliminary bargaining. During this phase, the parties bargain about the nego-
tiation relationship within which they will settle certain issues. Typical issues
are determining agendas, conditions and rules of procedure and the relative
status of the participants. In South Africa, the following decisions were taken
during this phase:

• the form of the negotiating table (two sides or a round table) – eventually
the parties were seated next to one another in alphabetical order (i.e. a
round table)
• the name of the negotiating forum – Convention for a Democratic South
Africa (Codesa) was decided on instead of an all-party congress or a
multiparty conference
• the problem of the NP’s acting as a player and referee in the negotiations –
two impartial chairpersons were designated, but the NP did not abandon
its governmental status in the negotiations
• the decision-making procedure – sufficient consensus was decided on
• participants – only political parties, governments and traditional leaders
would take part

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THEME 1: THE DEVELOPMENT AND RESTRUCTURING OF THE SOUTH AFRICAN STATE

(3) Substantive bargaining. This phase includes the process of actually resolving the
dispute and focuses on the search for a mutually acceptable settlement. In the
case of South Africa, the immediate objective in this phase was to formulate
a new constitution. Additional objectives were the restructuring of sectors
such as the economy and education.

2.3.2 Van Zyl Slabbert

In The quest for democracy (1992), Van Zyl Slabbert singled out the following three
phases in the negotiating process:

(1) normalisation
(2) democratisation
(3) consolidation

Let’s briefly examine each of these.

(1) Normalisation. According to Van Zyl Slabbert, the basic challenge in this phase
is to change a polarised political climate into one in which legitimate, peaceful
and supporter-based political action can take place, and in which representative
leaders can become involved in negotiation politics. The most important issue
to be considered at the outset in the normalisation of politics is the develop-
ment of consensus on political violence. During this phase, there are usually
serious crises concerning the role of violence during a transition process. South
Africa experienced several crises in its normalisation process, such as the issue
of private armies, the actions of the PAC’s Azanian People’s Liberation Army
(APLA), self-defence units in the townships and massacres in Sebokeng and
Boipatong. All these problems had to be solved by the participants (as part
of the normalisation process), and progress depended on the development of
mutual trust and the application of appropriate, innovative techniques.

A second important issue in the normalisation process is for the parties to ac-
cept joint responsibility for the management of the transition process. During
this phase, the participation of all-important political parties is crucial because
new problems have to be addressed. This phase also ushers in the transition
to democratisation. The gap between normalisation and democratisation must
be bridged by transition mechanisms, which will be the product of negotiation
between the regime and its opponents. At this point in South Africa, there
was some disagreement about mechanisms such as an interim government and
constitutional assembly. Points that appeared on the agenda of normalisation
in South Africa were the status of the then government in relationship to other
parties (player and referee); the problem of stability; and the monitoring of the
process. In the absence of an immediate transfer of power that is associated
with a sudden change of regime, the purpose of transitional mechanisms is
to perform the important function of building an identifiable sequence into
the negotiation process.

(2) Democratisation. Van Zyl Slabbert believes that the democratisation of the consti-
tution is not enough; the state, the budget and the economy will also have to be
democratised. In his opinion, the most important issue in the democratisation
of the constitution was the process for implementing a final constitution, since
this was the basis of popular legitimacy. When the NP government accepted
that it was imperative to have an integrated, nonracist, democratic state, which

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 STUDY UNIT 2: Restructuring of the South African state

had to come into being through a negotiated restructuring, the most important
question was how to democratise the state. Examples of democratisation were
the reincorporation of the homelands into South Africa; the introduction of a
justiciable bill of human rights, which can be enforced by the courts; the repeal
of the Group Areas Act, the Land Act (1913) and the Native Trust and Land
Act (1936); the formation of integrated metropolitan and local government
administrations; and, most important, universal adult suffrage.

The democratisation of the budget is also extremely important. A budget

reflects, in monetary terms, the policy priorities of the government in power.
In fact, a budget is virtually a list of a government’s priorities; a budget is also
a means by which a government can implement its policy objectives. Given
that the budget has a major impact on the South African state (because South
Africa is still a developing state), the budget must also reflect the programme of
restructuring and democratisation. Unfortunately, democratising the budget in
South Africa will not be an easy process: there are simply not enough resources
to meet existing upliftment requirements, let alone future expectations.

The object of democratising the economy is to increase and improve the

participation – in all aspects of economic life – of all groups and individuals that
have been historically excluded from the economic mainstream. This exclusion
was the result of colonialism, apartheid and institutionalised business practices.
This is another reason why it will take time to democratise the economy.
The establishment of the National Economic Forum (and later the National
Economic Development and Labour Council [Nedlac]) for discussing specific
economic problems, such as economic growth, redistribution, unemployment,
training and productivity, and for negotiating the outlines of an economic
policy, was an important step towards democratising the economy.

(3) Consolidation. When the process of transition has reached the consolidation
phase, this means that the structure and content of the constitution has already
been finalised and that a general election has taken place, which has given the
new constitution legitimacy and sovereignty. DL Horowitz (1991) points out
that successful consolidation depends on decisions taken at an early stage in
the negotiated transition. He contends that incentives should be incorporated
in the electoral system to reward moderation and to curb radical tactics that
are designed to make the process fail.

2.3.3 The Harare Declaration

The third source document on structuring of the negotiation process was the Harare
Declaration. Please note that the Declaration was drawn up by the ANC in August
1989 and subsequently accepted by the Ad Hoc Committee on Southern Africa of
the Organisation of African Unity and the Non-Aligned Movement (NAM). The
General Assembly of the United Nations later also accepted it (in an amended form).
The Declaration made the following pronouncements:

• Discussions must take place between the ANC and the government to achieve the
termination of hostilities (on both sides); both parties must decide on a mutually
binding ceasefire.
• Negotiations must then follow to establish the basis for the acceptance of a new
constitution. Both parties will need to agree on certain constitutional principles
(which are also outlined in the Declaration).

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THEME 1: THE DEVELOPMENT AND RESTRUCTURING OF THE SOUTH AFRICAN STATE

• Once these principles have been decided on, the parties must negotiate about the
mechanism needed to draw up the new constitution.
• The participants in the negotiations must agree on the role that the
international community should play in the process of transition.
• The participants must agree on the formation of an interim government, which
must supervise the drafting and acceptance of the new constitution, must govern
and administer the country during the period of transition, and which is responsible
for the transition to a democratic order.
• After the new constitution has been accepted, all armed action will be regarded as
formally ended. The international community should then also lift all sanctions
against South Africa.

ACTIVITY
Which negotiation phase does the following scenario describe?

At the end of the war between Vietnam and the USA, it took the negotiators about
six months to decide who would participate in the negotiations and what their status
would be (i.e. the shape of the negotiation table) Thereafter, the main objective
was to determine the terms of the negotiation: who would chair the negotiation
process and what would be negotiated?

8 FEEDBACK
We have discussed the views of Du Toit and Gagiano and of Van Zyl Slabbert on
the phases in negotiations. The phase that Du Toit and Gagiano call “preliminary
bargaining” best describes the above scenario. They distinguish between bargain-
ing about bargaining or talks about talks, preliminary bargaining and substantive
bargaining. Preliminary bargaining entails decisions about the shape of the table,
the agenda of the negotiations and other procedural arrangements.

We will now consider what form these phases have taken in the South African
negotiations.

2.4 PHASES OF THE NEGOTIATIONS IN SOUTH AFRICA

2.4.1 Talks about talks

We will not go into any detail about this phase, but you should note that it was
largely characterised by bilateral (i.e. between two groups) discussions between the
NP and the ANC. The phase was ushered in by the opening address to parliament
on 2 February 1990, which made it possible for the ANC, PAC and other banned
organisations to function once again as political organisations within South Africa.

2.4.2 Groote Schuur Minute

The first milestone in this phase was the Groote Schuur Minute, which was concluded
between the ANC and the NP government between 2 and 4 May 1990 in Cape Town.
The most important decisions taken were as follows:

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 STUDY UNIT 2: Restructuring of the South African state

• Consensus was reached on how to deal with the then climate of violence and
intimidation.
• Both parties committed themselves to stability and a peaceful process of
negotiation.
• A working group was appointed to make recommendations on a definition of
political crimes, and to make recommendations on the release of political prisoners
and the granting of immunity in the case of political crimes.

2.4.3 Pretoria Minute

The Pretoria Minute followed, which was concluded between the ANC and the
NP government on 6 August 1990:

• Both parties accepted the report submitted by the working group (i.e. the working
group formed in accordance with the Groote Schuur Minute).
• The implementation of the recommendations of the working group was linked
to a definite timescale. (The report’s primary concern was the release of political
prisoners and the granting of immunity.)
• Probably the most important aspect of the agreement was the ANC’s announcement
that it was immediately suspending all armed action. Another working group was
established to deal with all matters arising from this decision.

The report of this second working group formed the basis of the DF Malan Accord
between the government and the ANC. The part of this Accord that later gave rise
to differing interpretations was the decision that the ANC’s armed wing, Umkhonto
we Sizwe (MK), would not be permitted to train its members within South Africa.
At the same time, MK did not undertake to make the whereabouts of its arms caches
known. When the question of private armies came to a head as a factor in the internal
violence in the Codesa discussions and MK was involved, the government contended
that the ongoing training of MK cadres in countries such as Uganda and Tanzania
and the refusal of the ANC to make its internal arms caches known were in conflict
with the provisions of the DF Malan Accord.

2.4.4 National Peace Accord

So far, we have been dealing with the process that Van Zyl Slabbert describes as the
phase of “normalisation” and what Du Toit and Gagiano refer to as “bargaining about
bargaining”. Van Zyl Slabbert also points out that one of the prime requirements for
consolidation is achieving consensus on combatting violence. The most important
effort made in this regard was the concluding of the National Peace Accord in August
1991. In terms of this Accord, all the major political groupings, except the PAC and
AWB, committed themselves to the following objectives:

• ending political violence

• committing to certain codes of behaviour
• establishing procedures and mechanisms to combat the violence
• establishing codes of conduct for political parties and organisations, and for the
South African Police (who were included in the Accord)

The Accord also claimed that an important factor in the political violence was
socioeconomic underdevelopment and, therefore, measures for socioeconomic
reconstruction and development were identified.

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Mechanisms were put in place for implementing the Accord, such as the National
Peace Secretariat, Regional and Local Dispute Resolution Committees and the
Commission of Inquiry into the Prevention of Public Violence and Intimidation
(which later became known as the Goldstone Commission).

One significant characteristic of any negotiations involving more than two parties (i.e.
multilateral negotiations) is the tendency to form alliances. The ANC and the ruling
NP had already identified themselves as two central players in the negotiations. The
homelands, however, constituted an important bone of contention between the two.
The first alliance formed was the Patriotic Front (PF) in 1991, which consisted of
the ANC, PAC, SACP, DP, Labour Party, Lebowa, kaNgwane and Transkei, among
others. Azapo, for reasons of principle, did not join. The presence of the DP in the
PF was problematic and this led to its eventual withdrawal. By the end of 1991, the
talks-about-talks phase was virtually over.

2.4.5 Preliminary bargaining

During the phase of preliminary bargaining, which is also part of Van Zyl Slabbert’s
process of normalisation, there was a movement away from bilateral discussions
towards multiparty negotiation. This took place under the title of the Convention
for a Democratic South Africa (Codesa).

2.4.5.1 Codesa I
Codesa I met in December 1991 at the Holiday Inn hotel near Jan Smuts (now OR
Tambo International) Airport . At that stage, the PAC had already withdrawn from
the negotiations and the solidarity of the Patriotic Front was under stress. The
binding factor in the PF was the appeal for the new constitution to be drawn up
by an elected constituent assembly. The PAC felt that the intention behind Codesa
(which was not an elected body) should be limited to discussing the establishment
of a constituent assembly. Nineteen political organisations took part in the meetings:
the ANC, the governments of South Africa, Bophuthatswana, Ciskei, Transkei and
Venda, the DP, Dikwankwetla Party (Qwaqwa), Inkatha Freedom Party (KwaZulu),
Inyandza National Movement (KaNgwane), Intando Yesizwe Party (KwaNdebele),
Labour Party, Natal and Transvaal Indian Congresses, NP, National People’s Party,
Solidarity, SACP, United People’s Front (Lebowa) and Ximoko Progressive Party
(Gazankulu). The groupings conspicuous by their absence were the PAC, Azapo and
the white right-wing movement.

The most important decisions of Codesa I were as follows:

• The acceptance of the Declaration of Intent. Bophuthatswana refused to sign

it, while Inkatha only signed it later. The Declaration stipulated six general
constitutional principles, the most important of which was that South Africa
would be a united, democratic, non-racial and non-sexist state in which sovereign
authority would be exercised over the whole of its territory. Bophuthatswana and
Inkatha interpreted this as acceptance of the principle of an undivided unitary
state, and the exclusion of the federal or confederal option. The white right-wing
movement, the CP in particular, also regarded this statement as an obstacle,
since they claimed it excluded discussion of a divided state and the granting of
the right to self-determination.

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 STUDY UNIT 2: Restructuring of the South African state

• The NP government declared itself in favour of an interim government in the

transitional phase, but did not accept an elected constitution-making assembly.
• Five Codesa working groups were created, which were tasked to discuss the
following matters:
(1) the creation of a climate of free political participation
(2) general constitutional principles/the constitution-making process and
institution
(3) transitional measures/interim government/transitional authority
(4) the future of the TBVC regions (the homelands)
(5) timescales and the implementation of the decisions of Codesa

• The principle of sufficient consensus was accepted as the basis of future

decision-making.

2.4.5.2 Codesa II
The working groups were to submit their recommendations to a full sitting of Codesa
II. At the beginning of May 1992, it became clear that deep-seated differences would
prevent sufficient consensus from being achieved. Inkatha registered strong objection
to the fact that Zulu King Goodwill Zwelithini was not permitted to attend Codesa
II on behalf of the Zulu nation. In protest, Chief Mangosuthu Buthelezi refused to
attend the full sitting.

The real reason for the deadlock in Codesa II between the NP government and the
ANC was as follows: It was proposed that the period of transition would consist of two
phases. The first phase was the creation of a Transitional Executive Council (TEC)
and the second phase was the establishment of an interim constitution, in terms of
which an interim parliament would be chosen, eventually leading to the formation of
an interim government. The interim parliament would act as a constitution-making
body and, at the same time, be responsible for the legislative authority. However, a
difference of opinion arose between the ANC and the NP government about the
majority required to take decisions about certain constitutional matters. The ANC
was initially in favour of a 66 percent majority, but later proposed a compromise
of 70 percent. The NP government, however, dug in its heels for a majority of
75 percent. This deadlock could not be resolved in Codesa II.

After Codesa II, it was decided to transfer the tasks of the working groups to
the Management Committee of Codesa in an effort to resolve the deadlock. In
addition, Roelf Meyer took over from Tertius Delport as chief negotiator for the
NP government. However, no progress could be made, which meant the end of
Codesa. The style of negotiation reverted to bilateral discussions, in which the new
Minister of Constitutional Development, Roelf Meyer, and the Secretary-General
of the ANC, Cyril Ramaphosa, were the central figures.

ACTIVITY
Which one of the following options does not describe the South African transition?

(a) The Groote Schuur Minute was the result of bilateral negotiations between
the ANC and NP government; its aim was to normalise the political situation.
(b) An important objective of talks about talks was to reach a consensus
on combatting political violence.

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(c) Codesa II removed the deadlock between the ANC and NP and structured
the transition process.
(d) Inkatha did not accept Codesa as a negotiating forum that could accom-
modate its (i.e. Inkatha’s) view of the state.

9 FEEDBACK
In South Africa, “talks about talks’’ focused on the Groote Schuur and Pretoria
minutes. An important objective of this phase was to reach a consensus on politi-
cal violence. This coincides with Van Zyl Slabbert’s idea of normalisation.

Codesa constituted the core of the preliminary bargaining phase. Inkatha did
not, however, accept it as an appropriate negotiating forum. In the end, it failed
because the ANC and NP could not reach agreement on fundamental aspects
of the constitution-making process. Therefore, option (c) does not describe the
transition process in South Africa.

2.5 STRUCTURING OF THE TRANSITION PROCESS

Any possibility of defusing the deadlock at Codesa was finally eliminated by the
events that occurred at Boipatong on 17 June 1992 (the Boipatong massacre). On that
day, residents of the KwaMadala hostel murdered more than 30 people. The police
were accused of not having acted decisively enough against the hostel residents, and
even of assisting them in this act of violence. The result of the massacre was that the
ANC terminated all bilateral talks with the NP government. The following three
months saw a total standstill in the negotiation process; during this period, the ANC
concentrated on mass action.

2.5.1 Record of Understanding

The NP government and the ANC broke the deadlock, signing the Record of
Understanding on 26 September 1992. The substance of the agreement was as follows:

• It laid the basis for structuring the transitional process.

• It also laid the basis for the resumption of negotiations.
• The parties agreed on certain negotiation principles.

The most important principle was the need for a constituent assembly/constitution-
making body, which would

• be democratically elected by a general election

• draft and pass the final constitution
• be bound by agreed constitutional principles
• dispose of its business within a specific time
• be able to deal effectively with deadlocks
• also function as the interim parliament

Other principles that were agreed on were as follows:

• An interim government of national unity would be established alongside the

constitution-making body.

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 STUDY UNIT 2: Restructuring of the South African state

• Both institutions would function within an interim constitution, which would

make provision, during the transition period, for central and regional governments
and a justiciable bill of human rights.

Other significant aspects of the agreement were

• an agreed procedure for the release of all the remaining political prisoners
• specific action against identified hostels to curb political violence (The decision
that elicited the strongest reaction was the decision to fence in the hostels.)

The significance of these decisions was that, for the first time, the NP government
had publicly accepted the principle of an elected constituent assembly and consensus
had been reached on the structure of the transitional period.

2.5.2 Government of National Unity

The immediate effect of the Record of Understanding was that Inkatha withdrew
from the negotiations and bilateral discussions with the government because it felt
that this was an agreement between two parties only, and thus could not be made
binding on the other parties to the negotiations. Parties that agreed with Inkatha’s
standpoint united to form the Concerned South Africans Group (Cosag), which
consisted of 19 members, including Bophuthatswana, Ciskei, the Conservative Party
and the Afrikaner-Volksunie (AVU). In practice, Cosag became the third bloc in the
negotiations, alongside the NP alliance and the Patriotic Front.

The issue that became increasingly important was the interim Government of National
Unity. Joe Slovo, one of the main negotiators in the Negotiation Commission of the
ANC, published an article in The African Communist at the end of 1992, in which he
introduced the idea of a “sunset clause”. Slovo explained this concept as

a “sunset clause” in the new constitution which would provide for compulsory
power-sharing for a fixed number of years in the period immediately follow-
ing the adoption of the constitution. This would be subject to proportional
representation in the executive combined with decision-making procedures
which would not paralyse its functioning.

This idea was accepted virtually verbatim (i.e. word for word) by the two highest
decision-making institutions of the ANC (the National Executive Committee and
the National Working Committee) in the document Negotiations: a strategic perspective
(November 1992). The idea of a sunset clause was formulated as follows:

We also need to accept the fact that even after the adoption of a new consti-
tution, the balance of forces, and the interests of the country as a whole may
still require of us to consider the establishment of a Government of National
Unity–provided that it does not delay or obstruct the process of orderly transi-
tion to majority rule and that the parties that have lost the elections will not
be able to paralyse the functioning of government. This is fundamentally
different from an approach to power sharing which entrenches veto powers
for minority parties.

The Record of Understanding introduced a new phase in the negotiation process.

In the bilateral discussion phase that preceded it, it ensured that the number of
participants in the negotiations was increased to 26. Participants now included the

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PAC, the CP and the AVU. Inkatha, as the de facto leader of Cosag, was also prepared
to participate again in the negotiations.

2.5.3 Multiparty Negotiating Process

As a negotiating forum, Codesa was not revived. In its place, the Multiparty
Negotiating Process was established, consisting of the Negotiating Council and the
plenary meeting of leaders as its highest body. After the first meeting of this body, it
was decided to set up six technical committees, which were later increased to eight.

In addition, during May, a fourth important grouping was formed in South African
politics, namely the Afrikaner-Volksfront, consisting of the most prominent white
conservative organisations. While the front was not involved in the negotiations
as an alliance, two of its members (the CP and the AVU) were. In other words,
the Afrikaner-Volksfront, together with the NP alliance, Cosag (later the Freedom
Alliance) and the Patriotic Front formed the main negotiating blocs.

At the Negotiating Council convened in the World Trade Centre in Kempton Park,
the substantive bargaining for the democratisation of South Africa took shape. In
this new negotiation process, two key players emerged: Cyril Ramaphosa (ANC) and
Roelf Meyer (NP). The main areas of disagreement in the constitutional negotiations
for an interim constitution were as follows:

• Provincial powers. Cosag, and especially the IFP, propagated maximum devolution
(i.e. transfer) of powers to the provinces in order to establish a federal state.
The ANC favoured a more centralised state, although it did not seek to exclude
provinces.
• Self-determination. Cosag insisted on full recognition of the right to self-determination.
This concerned the recognition of an independent volkstaat and a Zulu kingdom.
• Traditional leaders. The IFP demanded that the status of the Zulu king be recognised
and called for the formation of a Zulu kingdom.

The outcome of the negotiations was the interim Constitution, adopted in 1993. It
included 33 constitutional principles, which constituted the framework of the final
Constitution. Cosag withdrew from the negotiations before the interim Constitution
was finalised and called for international mediation to address its (i.e. Cosag’s)
concerns. The interim Constitution was thus steeped in controversy.

Given that a democratic, general election ought to be free and fair (thus making
it acceptable to the international community) and conducted on a level political
playing field, South Africa’s transition from the old regime to the new democratic
regime had to be controlled by neutral facilitators. The following institutions were
therefore established:

• The Independent Electoral Commission (IEC), chaired by Judge Johan Kriegler

and Advocate Dikgang Moseneke. The IEC was responsible for all aspects of the
April 1994 general elections.
• The Independent Media Commission and Independent Broadcasting Authority,
which had to ensure that the media was accessible to all political parties and that
all political parties were treated fairly by the media.
• The Transitional Executive Council (TEC), consisting of all the parties involved in
the Kempton Park negotiations. For the last four months before the elections, the
Council functioned alongside the NP government, acting, in effect, as a parallel

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 STUDY UNIT 2: Restructuring of the South African state

government and smoothing the transfer of executive powers to the incoming

new government. Subcouncils were established in the following fields:

– intelligence
– law and order, stability and security
– defence
– finance
– foreign affairs
– regional authorities
– the status of women

In January 1994 the interim Constitution was amended as a result of opposition from
Cosag (which had become the Freedom Alliance). The DP, PAC and other small
parties also campaigned for a second ballot paper per voter to distinguish between
a national and a provincial vote. The constitutional changes involved an additional
constitutional principle providing for the right to self-determination, provisions for
a Volkstaat Council to propagate a volkstaat, and the granting of more power to the
provinces. As a result, an agreement was reached with the newly formed conservative
Freedom Front, under General Constand Viljoen, that it, too, would participate in
the elections.

The IFP remained recalcitrant (uncooperative) until about a week before the elections,
when Professor Washington Okumu brokered an agreement for its participation in
the elections. The agreement was linked to international mediation and the status
of the Zulu monarch.

The first general elections were held from 26 to 28 April 1994. The results were as
follows: the ANC won 62 percent of the votes and control over seven provinces; the
NP won 20 percent of the votes and control over the Western Cape; and the IFP
won 10 percent of the votes and control over KwaZulu-Natal. The Freedom Front,
PAC, DP and African Christian Democratic Party also received sufficient votes for
parliamentary representation. Those who were elected to parliament also constituted
the Constitutional Assembly, with the task of negotiating the final Constitution
within two years.

2.5.4 Other negotiation forums

The other negotiations and discussions that you need to know about were those that
took place in the National Economic Forum and the Local Government Negotiation
Forum.

• The National Economic Forum consisted of the most important participants in

the economy, such as the organised business groups (Afrikaanse Handelsinstituut,
South African Chamber of Business and Saccola), trade union movements (such
as Cosatu) and the government. The aim of the Forum was to discuss and take
decisions about macroeconomic issues. This is in accordance with Van Zyl
Slabbert’s view that both the economy and the budget need to be democratised.
The Forum later formed the foundation of Nedlac.
• The negotiation forum on local government was accepted, in principle, in
1993. Its purpose was to discuss matters affecting all local authorities and their
consolidation, without hampering negotiations taking place at local level in various
cities and towns (i.e. with a view to restructuring the existing system).

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THEME 1: THE DEVELOPMENT AND RESTRUCTURING OF THE SOUTH AFRICAN STATE

ACTIVITY
What role did each of the following play in structuring the transition in South Africa?

• the Record of Understanding

• the Transitional Executive Council (TEC)
• the Negotiating Council

10 FEEDBACK
The Record of Understanding was a turning point in the negotiation process that
would eventually culminate in the final Constitution. The TEC was an important
instrument in the transition in that it ensured that the transfer of power from the NP
government to the newly elected government was smooth and incremental. This
enabled the IEC to manage the 1994 general election successfully. The Negotiat-
ing Council’s main contribution was to produce the interim Constitution and the
framework for the final Constitution. In short, all these factors were indispensable
to the success of the transition.

2.6 THE CONSTITUTIONAL ASSEMBLY AND FINAL CONSTITUTION

The Constitutional Assembly (constituent assembly) started its work around August
1994. Cyril Ramaphosa and his deputy, Leon Wessels (NP), chaired it. The focus
of attention was the Constitutional Committee, which was representative of all
the parties and was also chaired by Ramaphosa. An independent panel of seven
constitutional experts assisted them.

The Constitutional Committee delegated some of its tasks to six theme committees,
which had to prepare reports and recommendations about the following:

• the character of the democratic state

• the structure of government
• relationship between the levels of government
• fundamental rights
• the judiciary and legal system
• specialised structure of government

Each of these committees, consisting of Constitutional Assembly members, was

assisted by a technical committee, which, in turn, consisted of a maximum of three
experts.

An intensive Public Participation Programme was launched to involve the population

as a whole in the Constitutional Assembly process. The Constitutional Assembly
received more than two million submissions from the public. Several drafts of the
new Constitution were published.

As the deadline for the negotiations approached, outstanding issues were reduced
to the following:

• Single-medium education. The NP insisted that schools have the right to decide their
own language policy. It was agreed that a lack of language proficiency in any
language could not be a disqualifying criterion.

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 STUDY UNIT 2: Restructuring of the South African state

• Property rights. A compromise was reached between protecting existing property

rights and the potential for land restitution.
• Labour relations. The right to strike was presented as the counterbalance to the
right to a lockout. The right to lockout was not entrenched in the Constitution.
• Provincial powers. The IFP remained dissatisfied with the absence of strong,
provincial powers and challenged this in the Constitutional Court.

The Constitutional Assembly adopted the final Constitution in May 1996; it was then
referred to the Constitutional Court for certification. In its first judgment, the Court
concluded that, in a number of instances, the 34 constitutional principles were not
fully incorporated in the Constitution. The Constitutional Assembly therefore had
to reconvene and amend the Constitution. At the end of 1996, it was certified and
implemented in early 1997.

The transition period expired in 1999, at the time of the second general election,
when all aspects of the final Constitution were implemented. This signalled the
official termination of the transition that had started in 1990.

2.7 CONCLUSION
Now that you have worked through the study unit, you should be able to

• explain the specific conditions and pressures that created the context for the
transition process in South Africa
• identify the phases of negotiation
• describe the talks about talks and preliminary bargaining phases in South Africa
• explain how the transition process was structured into two phases
• explain the significance of the Multiparty Negotiating Process and the
Constitutional Assembly in negotiating the new Constitution

We have now examined the nature of the South African state. Our next task is to look
at the theoretical frameworks available for analysing South African politics. Political
Science distinguishes itself from other forms of social analysis and commentary by
its application of political theory. In the next theme, we will pay closer attention to
the role of political theory in South African politics.

SELF-ASSESSMENT
(1) Discuss the reasons for the restructuring of the South African state after 1990.
(2) Explain how different writers categorise the phases in the negotiation pro-
cess and briefly discuss each of these phases.
(3) What is meant by “talks about talks” and what form did these take in South
Africa?
(4) Discuss Codesa as an example of preliminary bargaining.
(5) How was the transition to a constitutional democracy structured in South
Africa?
(6) Explain the role of the Constitutional Assembly in negotiating the fi nal
Constitution.

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THEME 1: THE DEVELOPMENT AND RESTRUCTURING OF THE SOUTH AFRICAN STATE

Should you wish to read more about the restructuring of the South African
state, you can consult the following publications:

Barber, James. 2000. South Africa’s political miracle: the international dimension.
South African Journal of International Affairs 7(1):51–71.
Bacharach, SB & Lawler, EJ. 1981. Bargaining: power, tactics and outcomes. San Francisco,
CA: Jossey Bass.
Berkovitch, J. 1984. Problems and approaches in the study of bargaining and
negotiation. Political Science 36(2):125–144.
De Klerk, FW. 1998. The last trek–a new beginning. London: Macmillan.
Du Toit, P & Gagiano, J. 1988. Contending regime models and the contest for the
middle ground in South African politics. Politikon 15(2):5–18.
Ebrahim, H. 1998. The soul of a nation: constitution-making in South Africa. Cape Town:
Oxford University Press.
Friedman, S (ed). 1993. The long journey: South Africa’s quest for a negotiated settlement.
Johannesburg: Ravan.
Friedman, S & Atkinson, D (eds). 1994. South African review 7: the small miracle: South
Africa’s negotiated settlement. Johannesburg: Ravan.
Giliomee, Herman. 1995. Democratization in South Africa. Political Science Quarterly
110(1):83–104.
Herbst, Jeff. 1998. Prospects for elite-driven democracy in South Africa. Political
Science Quarterly 112(4):595–615.
Jung, Courtney & Shapiro, Ian. 1995. South Africa’s negotiated transition:
democracy, opposition and the new constitutional order. Politics and Society
23(3) (Sept):269–308.
Mandela, N. 1994. Long walk to freedom. Randburg: Macdonald Purnell.
McKinley, DT. 1997. The ANC and the liberation struggle: a critical political biography.
London: Pluto.
Rantete, J. 1998. The African National Congress and the negotiated settlement in South Africa.
Pretoria: Van Schaik.
Rosenthal, R. 1998. Mission improbable: a piece of the South African story. Cape Town:
David Philip.
Slabbert, F van Zyl. 1992. The quest for democracy: South Africa in transition. Johannesburg:
Penguin.

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 2 THEME 2
Theories of modern South African politics

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• discuss how the South African state can be analysed by mainstream political
theories
• discuss the most significant theories as applied to modern South African politics
• explain the significance of the liberal-radical debate for South African politics
• discuss the theory known as “colonialism of a special type”
• discuss the concept of nation-building as a theoretical perspective
• explain neostatism and how it illuminates aspects of South African politics and
the state
• discuss the main theories of democratic development
• discuss the most significant theories as applied to modern South African politics
in relation to the democratisation process

INTRODUCTION
In this theme we will focus on a theoretical analysis of South African politics and
the South African state. Some of the theories we will discuss are uniquely South
African, whereas others are more general. Most of these theories use a mixture of both
deductive and inductive methodologies. In other words, they are an accumulation of
observations of historical events and experiences over time. However, all the theories
we will discuss are based on certain ideological assumptions.

The discipline of Political Science includes a vast range of political theories. Our
intention here is to highlight those used specifically to analyse the South African
context. These theories can be divided into two main categories:

(1) Theories that focus on the role of race and class. These theories dominated political
analysis during the apartheid period and they are still relevant, even though
the apartheid era has now passed.
(2) Theories about democratisation and transition. These theories have dominated South
African politics since the 1990s.

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THEME 2: THEORIES OF MODERN SOUTH AFRICAN POLITICS

3 STUDY UNIT 3
3 Theories of democratic development

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• discuss the main theories of democratic development

• discuss the most significant theories as applied to modern South African politics
in relation to the democratisation process
• explain the significance of democratic legitimacy for South African politics
• discuss South Africa’s democratic transition and democratisation process using
a theoretical framework
• discuss the concept of democratic transition and consolidation as a theoretical
perspective
• discuss the main elements of a democracy and how they relate to democratic
development theories

KEY CONCEPTS
Please make sure that you understand the following key concepts before you
begin working through this study unit:

• democracy
• liberty
• rule of law
• horizontal accountability
• vertical accountability
• political competition
• public participation
• equality

3.1 INTRODUCTION
In the introduction to theme 2, we mentioned that a second category of political
theories focuses on democratic development theories. In this section we will
summarise the main points of these theories; however, it is advisable to do further
reading on them. In the previous theme we focused specifically on the breakdown
of the authoritarian apartheid regime. In this study unit we will discuss the basic
political developments of democratisation, democratic transition and democratic
consolidation. This will include theories such as constitutionalism, institutional
rational choice theory, comparative democratisation theory and Marxist theories.

42
 STUDY UNIT 3: Theories of democratic development

3.2 WHAT IS DEMOCRACY?

As with many other political concepts, democracy is a contested concept. In our
discussion, therefore, we will not discuss democracy extensively, but will only briefly
discuss the main elements of a democracy and will then focus on democratisation in
South Africa. Before we do that, however, we need to determine how you understand
the term “democracy”. So write down your own definition of the concept of democracy
now.

Essentially, “democracy” can be described as a system in which people with equal

political rights can choose their leaders and remove their leaders through regular free
and fair elections. Democracy is a contested concept with many broad definitions,
most of which emphasise

• the role of those people who are the subjects of the rulers’ decisions
• that in order for rulers to be legitimate, they must rule with the consent of the
people and be accountable to the people who voted them into power/elected them
• that procedures and processes (procedural democracy), such as elections, are
necessary for a democracy, but are not sufficient in themselves.

Does your definition mention any of these aspects?

3.2.1 Elements of democracy

Democracy is a form of government that is characterised by free, fair and competitive
elections between multiple political parties; a separation of powers of the branches
of the state; the rule of law; an open society; and the equal protection of human
rights, civil rights, civil liberties and political freedoms for all people. Democracies
are defined in practice by the constitution of the country, which outlines the powers
of government and embodies the social contract.

According to Diamond (2004), the main ideal elements of a democracy can be

summarised as follows:

• Liberty

– This entails freedom of speech, press, association, movement and personal

belief.
– This involves freedom from violence and intimidation by the state and non-
state actors.

• Rule of law

– This entails protection of the rights of citizens, as well as law and order and
limitation of the arbitrary power of government.
– All citizens are equal under the law; no one is above the law.
– All citizens are presumed to be innocent until proven guilty.
– Courts should be independent, impartial and structured as a system.

• Horizontal accountability

– Powers are separated and distributed among the different branches of

government (checks and balances).
– There are independent institutions that check and monitor the abuse of power.

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• Vertical accountability

– People hold elected officials accountable for their actions.

– Electoral accountability implies that voters can hold elected officials accountable
through voting.
– Societal accountability implies accountability to civil society and the mass
media.

• Political competition

– There are at least two political parties with significant representation and a
viable chance of taking power in the national government.
– Elections are free and fair.
– There is an independent electoral commission (i.e. no gerrymandering or
manipulation of voting districts).
– There should be no restrictions on or barriers to political participation.
– The abuse of state resources for electoral purposes is limited.
– Votes may not be bought.
– There is balanced funding for campaign activities.
– Electoral alteration (change of the governing political party) is possible.

• Public participation

– Citizens must take an active role in the political process regarding public
policy and decisions.
– This entails a high voter turnout.
– This also entails membership of civil society and involvement in public policy
issues.

• Equality

– There is a philosophical debate about democracy.

– There are equal political and civic rights.
– All citizens, including minorities, are treated equally by the government or
other state institutions (equal before the law).
– There is equality in political representation, such as in parliament or the
Cabinet, through the use of quotas.

• Responsiveness

– The government is responsive to the demands and preferences of citizens.

– The government is able to satisfy the governed (its subjects) by executing its
policies in a way that corresponds to the subjects’ demands.
– The government is responsive to both the majority and minorities’ preferences
by balancing the interests of all groups.

Should you wish to read more about the concept of democracy, you can consult
the following publications:

Diamond, L & Morlino, L. 2004. The quality of democracy: an overview. Journal of

Democracy 15(4):20–31.
Kotzé, D. 2004. The nature of democracy in South Africa. Politeia 23(3):22–38.
Landman, T & Beetham, D. 2008. Assessing the quality of democracy. 1st edition.
Stockholm: International IDEA.

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3.2.2 Political legitimacy

In this section we will discuss the importance of political legitimacy. All political
systems rely on a form of political legitimacy. The demise of the apartheid state was
largely due to a legitimacy crisis. How do we measure the degree of citizen satisfaction
with democracy? Political legitimacy captures the attitudes and behaviours of citizens
in relation to their satisfaction with democracy.

Democratic legitimacy is closely related to the moral foundations of politics.

Democratic legitimacy can be explained as a common belief held by citizens in a
system of government that deserves its support and allegiance. Political legitimacy
is important in order for a government to be able to rule with both coercion and
consent. In a democracy, the balance between coercion and consent is more closely
related to the idea of voluntary consent from its citizens.

According to Larry Diamond, democratic legitimacy is determined by

(1) regime performance – economic and political

(2) political culture – norms and values
(3) social culture
(4) political institutions
(5) political leadership
(6) the international environment

In a 2016 Afrobarometer survey, 60 percent of South Africans indicated that they are
satisfied with democracy in South Africa. Thus South Africa’s democracy maintains a
relatively high level of legitimacy. In our previous discussions, we indicated that South
Africa’s constitutional democracy was generated through a process of negotiations.
The 1994 settlement provided for political rights for all South Africans; however,
the socioeconomic legacies of apartheid have remained. The Constitution of the
Republic of South Africa, 1996, which embodies the social contract, has created
a disparity between South Africa’s political dispensation and its economy: The
Constitution has guaranteed political rights and civil liberties for all South Africans,
but the socioeconomic rights have not materialised, and this has raised the levels
of dissatisfaction. In the next part of our discussion we will briefly discuss the
transitional theories of democracy.

ACTIVITY
Using the framework from Diamond, identify the determinants in South African
politics that can affect South Africa’s democratic legitimacy.

11 FEEDBACK
You can use any of the above determinants from Diamond’s framework in your
discussion.

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3.3 THEORIES ABOUT DEMOCRATISATION AND TRANSITION

3.3.1 Comparative democratisation theory

One of the most important series of research work about transitions is the five
volumes of Transitions from authoritarian rule, edited by Guillermo O’ Donnell, Philippe
Schmitter and Lawrence Whitehead (1986). These volumes are often cited in the
context of the South African transition and are therefore relevant to this discussion.

A key concept in these views is that of foundational pacts. This refers to alliances
between political leaders or elites from the different political actors/formations, who
have agreed to form a pact with one another as the basis of the transition. These pacts
ensure that the new regime survives. They are inclusive to some degree, but at the
same time they restrict the scope of representation. Restriction is intended not only
to prevent an overloaded governing coalition, but also to keep it sufficiently small
so that the traditional dominant classes (of the undemocratic regime) are reassured
that their vital interests will be respected. Popular and working-class forces are,
in effect, excluded from the pacts and the democratisation process. The transition
becomes primarily a technical matter to be resolved by the elite pacts.

Frederik van Zyl Slabbert used this approach in his analysis of South Africa’s transition
to democracy. He rejected certain versions of democratisation theory (i.e. versions that
emphasised institutional and structural prerequisites for democratisation). Instead,
he focused on the critical role of key political actors and their strategic choices
concerning democratisation. He indicated that these elites or pacts needed to link
their choices with the prevalent opportunities and obstacles and then plot a probable
outcome for the process. He claimed that doing so would mean that structural factors
would be interacting with key actors’ strategic choices, rather than predetermining
them. In short, political actors would be given a key role in the transition process.

Van Zyl Slabbert believed that successfully consolidating a transition depends on

the decisions taken about democratic institutions early on in the transition process.
However, the ultimate success of the transition does not depend on a pact reaching
consensus about the mechanisms of the transition and on the framework of a new
constitution, but on the sustainability of democracy after the transition. It involves
a successful transition from a government of transitional unity to a fully fledged
democracy.

Should you wish to read more about democratisation theories, you can consult
the following publications:

Kotzé, D. 2004. The nature of democracy in South Africa. Politeia 23(3):22–38.

Van Zyl Slabbert, F. 1992. The quest for democracy: South Africa in transition. Johannesburg:
Penguin.

3.3.2 Institutional rational choice theory

Rational choice theory is a very popular theory in Political Science. It assumes that
decisions and actions in politics are taken on a rational basis. According to rational
choice theory, the decision-makers calculate the costs and benefits of each available
option and then take a decision only if the benefits outweigh the costs.

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Rational choice theory usually makes the following assumptions:

(1) The decision-maker is aware of all the options available in a particular situation.
(2) The decision-maker is informed about all the costs and benefits of each of
these options.
(3) The decision-maker will place the options in an order of preference, from
most preferred to least preferred.
(4) The decision-maker will decide on the option that has the most advantages
for her/him.

Rational choice is applicable to game theory. Game theory simulates situations where
two or more political actors are involved and decisions are taken. Game theory
is premised on decision-makers’ calculating how their opponents will respond to
particular situations and how the decision-makers will therefore act in anticipation of
those responses. For instance, political candidates select specific policy programmes
during elections; the policy/policies selected by political candidates is a strategic
choice and the outcome means that the candidate either wins or loses. The options
available in game theory are win-win, win-lose or zero-sum and lose-lose. Win-win
theories in game theory involve a situation where there is a mutual benefit, that is,
all groups involved achieve a benefit and improve their expectations. The win-lose
or zero-sum game is associated with a situation where whatever one side wins, the
other side loses.

In the South African context, Timothy Sisk, author of Democratization in South Africa:
the elusive social contract (1995), used game theory to analyse the transition process on
the basis of the following four arguments:

(1) The transition was the result of an important shift in perceptions among major
political actors – options were no longer zero-sum; a positive-sum game was
possible. (Game theory is obviously being used here.) The costs of a winner-
takes-all scenario for either the ANC or NP were perceived to be greater than
the benefits of cooperation.
(2) The formation of pacts between negotiation partners (especially between the
ANC and the NP) reduced uncertainty about a possible return to zero-sum
politics. It provided minority parties with incentives not to exclude themselves
from negotiations. (In terms of game theory, it served as an incentive to opt
for win-options rather than lose-options.)
(3) A search for an agreed outcome modified the divergent interests of the differ-
ent parties. The agreed outcome was expressed in a new social contract, this
being a means of institutionalising and maximising cooperation in the moder-
ate political centre and preventing conflict. (A social contract was articulated
in rational terms as an agreement stating that the costs of violence were too
high and that the benefits of cooperation presented the most-preferred option,
that is, win-win in terms of game theory.)
(4) A social contract in South Africa entailed a removal of the main causes of
conflict and the establishment of an inclusive hegemony.

Should you wish to read more about Sisk’s views, you can consult the following
publications:

Sisk, T. 1993. A new South African social contract? Institutional choice in a divided society.
Ann Arbor, MI: UMI.
Sisk, T. 1995. Democratization in South Africa: the elusive social contract. Princeton, NJ:
Princeton University Press.

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3.3.3 Constitutionalism
Constitutionalism is a formal approach in which political and other structures are
the focus of attention. Proponents of this theory argue that changes to constitutional
and other structures can help to resolve political problems. Institutions are viewed
as organised sets of human values and, therefore, it is argued, institutions determine
human behaviour. This argument implies that inappropriate institutions hinder
political actions and that a change in the institutions will remove obstacles and improve
the political dispensation. Institutionalism and, more specifically, constitutionalism,
is therefore reform-oriented and not radical. Constitutional reform is typical of a
constitutionalist approach. It focuses on the construction of appropriate constitutional
rules and procedures for consolidating democracy.

In South African politics we have experienced many examples of the constitutionalist

theory. It is strongly associated with the liberal tradition of the PFP and, later, the
DP; the South African Institute of Race Relations; commissions of inquiry; the
President’s Council in the 1980s and the KwaZulu-Natal Indaba; as well as with the
National Party in the early parts of the constitutional negotiations.

Constitutionalism has been criticised for excluding any analysis of deeper political
conflicts. It is seen as formalistic, abstract and not paying sufficient attention to
the political and social contexts. Howarth and Norval (1998:194) suggest that a
constitutional perspective is useful after consideration of the underlying social
struggles and the dissent/confl ict-discursive forms that make democratisation
possible. In the next part of our discussion, we will discuss substantive theories of
democratisation.

Should you wish to read more about constitutionalism, you can consult the
following publications:

Horowitz, Donald. 1991. A democratic South Africa? Constitutional engineering in a divided

society. Berkeley: University of California Press.
Howarth, DR & Norval, AJ (eds). 1998. South Africa in transition: new theoretical perspectives.
London: Macmillan.
Kotzé, D. 2004. The nature of democracy in South Africa. Politeia 23(3):22–38.
Kotze, JS. 2017. The theory and practice of democratic development in South African
politics: an introduction, edited by N de Jager. 1st edition. Cape Town: OUP
Southern Africa.
Lane, J-E & Ersson, S. 2000. The new institutional politics: performance and outcomes.
London: Routledge.
Lijphart, A. 1977. Democracy in plural societies: a comparative exploration. London: Yale
University Press.

3.4 THEORIES ABOUT DEMOCRATIC CONSOLIDATION

In our introduction to this study unit, we briefly referred to the political processes of
democratisation in South Africa, the demise of the authoritarian apartheid regime,
the negotiated democratic transition and democratic consolidation. We will now
discuss the theoretical ideas of democratic consolidation. Democratic consolidation
is somewhat abstract, complex and has very limited measurable standards. For
example, how do you know if a democracy has passed the transition phase and been
consolidated? In our discussion, we will briefly discuss the ideas of the most notable
scholars on democratic consolidation.

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We return to O’Donnell (1996), who explains and defines “democratic consolidation”

as

• a process when power is alternated between political rivals,

• there is support for the political system during times of economic difficulty,
• there is a high degree of regime stability, and there exists no significant political
anti-system.

Philippe Schmitter explains that a democracy is consolidated when there is an

emphasis of the democratic values in the political culture and society (Schmitter 1992).

Adam Przeworski explains that “democracy is consolidated when under given political
and economic conditions a particular system of institutions becomes the only game
in town; when no one can imagine acting outside the democratic institutions, when
all losers want to do is to try again within the same institutions under which they
have just lost” (Przeworski 1991:23).

According to Rose & Shin (2001), the “fallacy of electoralism” is the overemphasis of
elections over the other elements of democracy. Huntington and other scholars argue
that a country cannot be a democracy until there has been an alteration of power.

“Democratic consolidation” is a contested concept. Many scholars hold the opinion

that institutionalising electoral competition is not sufficient for the consolidation
of democracy. These scholars explain that during the first wave of democratisation,
countries established the rule of law and a civil society sector before institutionalising
electoral competition as modern states. These scholars emphasise the importance of
other elements in a democracy. Many third-wave democracies, such as South Africa,
democratised backwards, that is, they institutionalised electoral competition before
establishing the other elements of democracy, such as horizontal accountability, civil
society or the rule of law.

How can we interpret the democratic consolidation process in South Africa?

The following key dimensions in the political landscape determine the democratisation
process in South Africa:

• Political competiveness

According to Jung and Shapiro (1995), the lack of political competition in South
African politics defies the democratic consolidation process. Courtney Jung
and Ian Shapiro explain that there are no competitive actors to serve as loyal
opponents to the government and its policies. They explain that it is important
that the opposition party not only act as a “watchdog” over government, but
also that it provides an alternative for voters, should they become disillusioned
with their present government.

• Horizontal accountability

The transition from apartheid to democracy transformed South Africa’s political

structure. In contrast to the situation under apartheid, sovereignty is located in
South Africa’s Constitution of 1996, not in parliament – as was the case during
apartheid. The South African Constitution subscribes to a partial separation of
powers doctrine and adheres only to very limited standards. The checks and
balances of the Constitution are becoming increasingly effective in the space of
a centralised governing party, which has had the majority of the electorate’s sup-

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port since 1994. In practice, the president has dominated the executive authority,
and the national executive has dominated the national legislature. Some scholars
explain that South Africa’s limited separation of powers doctrine presents the
executive authority with significant independent power.

• Political legitimacy

In our previous discussion, we briefly discussed the importance of political legiti-

macy. A very important challenge to South Africa’s democratisation process is
the shattered hopes of the majority for economic improvement in South Africa.
This idea of hope for improvement in a context of political and economic reform
is a test for democratic consolidation in South Africa. The majority of South
Africans support democracy with the expectation that the governing African
National Congress (ANC) will bring about socioeconomic change. However, if
socioeconomic change is not realised in South Africa, then the democratisation
process may regress or lose the support of the citizenry.

Should you wish to read more about democratic consolidation, you can consult
the following publications:

Diamond, L. 1996. Development, democracy and civil society. Working paper (June).
Madrid: Juan March Institute.
Huntington, S. 1996. Democracy’s third wave. Norman, OK: Oklahoma University Press.
Jung, C & Shapiro, I. 1995. South Africa’s negotiated transition: democracy, opposition
and the new constitutional order. Politics and Society 23(3):269–308.
Labuschagne, P. 2004. The doctrine of separation of powers and its application
in South Africa. Politeia 23(3):84–102. DOI: http://hdl.handle.net/10520/
EJC88113.
O’Donnell, GA. 1996. Illusions about consolidation. Journal of Democracy 7(2):34–51.
Przeworski, A. 1991. Democracy and the market: political and economic reforms in Eastern
Europe and Latin America. Cambridge: Cambridge University Press.
Rose, R & Shin, D. 2001. Democratisation backwards: the problem of third wave
democracies. British Journal of Political Science 3(2):331–354.
Schmitter, PC. 1992. The consolidation of democracy and representation of social
groups. American Behavioral Scientist 35(35):35–40.

3.5 DEMOCRATIC JUSTICE THEORY

In our previous discussion, we briefly discussed the economic expectations in South
Africa. We will now briefly discuss this aspect in relation to democracy, as well as
what we can expect from democracy in dealing with various expectations. Ian Shapiro
(2008) explains that citizens should not expect too much from democracy, or have
unrealistic expectations of democracy. For example, Shapiro explains that citizens
should not expect democracy to reduce injustice.

Shapiro explains that the expectations of democracy are founded on experiences of

injustice and that the demands for democracy originate in conditions under which
people have experienced extreme forms of injustice. People in South Africa rejected the
apartheid regime and demanded democracy because of their experiences of injustice
under apartheid. Shapiro attributes this to the reactive nature of human beings.

However, Shapiro points to the risk of placing unrealistic expectations on democracy

by highlighting the economic expectations in South Africa regarding land reform,

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 STUDY UNIT 3: Theories of democratic development

inequality and the redistribution of income or wealth. Shapiro explains that when
people have unrealistic expectations, which cannot be achieved, or the majority in
society become frustrated, then they tend to blame democracy itself, rather than
the government in power. This problem poses a risk to democratic consolidation
and, in many instances, authoritarian leaders reinforce previous expectations with
new promises.

Should you wish to read more about Ian Shapiro’s views on democracy, you
can consult the following publication:

Shapiro, I. 2008. The state of democratic theory. 1st edition. Princeton, NJ: Princeton
University Press.

3.6 CONCLUSION
Now that you have worked through this study unit, you should be able to discuss
the major democratic development theories that relate to South Africa. In this study
unit we discussed democratisation theories. In the next study unit we will discuss
the theories that deal with the state in society and the economy.

SELF-ASSESSMENT
(1) Discuss how Diamond’s elements of democracy relate to democratic
consolidation.
(2) Discuss the key dimension in the South African political landscape that af-
fects the democratic consolidation process.
(3) Discuss the idea of political legitimacy and how it relates to the South Af-
rican context.

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4 STUDY UNIT 4
4 Theories of race and class

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• discuss how the South African state can be analysed by mainstream political
theories
• discuss the most significant theories as far as understanding modern South
African politics is concerned
• explain why the liberal-radical debate is so significant for South African politics
• explain how colonialism is presented in the theory known as “colonialism of a
special type”
• discuss nation-building as a theoretical perspective
• explain neostatism and how it illuminates aspects of South African politics and
the state

KEY CONCEPTS
Please make sure that you understand the following key concepts before you
begin working through this study unit:

• Black and African

• the modern South African state
• nation-building
• pluralism
• liberalism/neoliberalism
• socialism
• neostatism
• Africanism
• Afrikaner nationalism

Black and African: The term “black” was used in Black Consciousness to refer
to any person who was politically, economically and socially oppressed under the
apartheid system. Therefore, “black” does not refer only to people who speak a
Bantu language. The term “African” is used ambiguously by the PAC because, in the
Sobukwe definition, mental attitude and loyalty to Africa are what make a person
African, while, in practice, “African” often means the same thing as “black” does
in Black Consciousness.

Modern South African state: This is the state as it has developed in a capitalist
sense since the late 19th century, but especially in the 20th century (i.e. since its
unification in 1910).

Nation-building: This involves a process of overcoming the incongruence between

the state and its population, which is divided or does not constitute a united nation.

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 STUDY UNIT 4: Theories of race and class

Traditionally, nation-building is aimed at creating a common culture (based on

language) as a means of uniting the population.

Pluralism: This is a view of society as being culturally diverse and containing cultures
that cannot be integrated; instead, the different cultures should be accommodated
side by side in a common state. This view of a plural state should be distinguished
from that of the pluralist state, which is dominated by a common culture, but includes
divergent and competing interests.

4.1 INTRODUCTION
In this study unit we will focus on theories that relate to the role of race and class.
In our discussion, we will assume that modern South Africa is associated with the
true beginning of the capitalist system, which, roughly speaking, can be linked with
the discovery of diamonds and gold in the second half of the 19th century. We are
therefore dealing with theories about the nature of the capitalist state.

The following theories fall into a category concerned with the role and nature of
the state in society, including its economic role:

• liberalism/neoliberalism
• socialism
• neostatism

A second category of theories emphasises the population or nation as a dimension

of the state, namely:

• nation-building
• colonialism of a special type
• decolonisation
• Africanism and pan-Africanism
• Afrikaner nationalism and pluralism, including the volkstaat

Another feature of the South African state is, of course, its association with the
apartheid system, which included a colonial component. One of the most important
issues in the study of the modern South African state, therefore, is the relationship
between apartheid and capitalism. This issue is a matter of dispute in, for example,
the liberal-radical debate.

4.2 THEORIES OF THE STATE IN SOCIETY AND THE ECONOMY

4.2.1 Liberalism/Neoliberalism
South African liberalism has a long but controversial history – some see it as an
opponent of apartheid, whereas others regard it as a supporter of apartheid. The
liberal-radical debate illuminates this point. The liberal tradition is articulated
(expressed) by people such as Alan Paton, Jannie Hofmeyr, Helen Suzman, Michael
O’Dowd, John Kane-Berman and Ken Owen. All these people emphasise the
following (Kane-Berman et al 1994; Wentzel 1998):

• the importance of limitations on the power of government, and a minimal state

• the importance of the individual and individual liberty

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• economic freedom, mostly in the form of a free market

• tolerance of dissent and an open society and adherence to the rule of law
• a free press, an independent judiciary, enforceable individual rights and a multiparty
system

Please note that in North America and Western Europe, these views are seen as
conservative and not liberal. There they interpret “liberal” to mean typical of a
welfare state and state intervention.

Liberalism in South Africa is unavoidably associated with big business; therefore,

the left accuses liberals of having supported apartheid. The left points out that
apartheid measures such as influx control and the pass laws ensured the supply of
cheap labour in the urban areas and that liberals did not actively oppose either of
these measures. O’Dowd (1978), on the other hand, argues that, in the long term,
apartheid and capitalism are not mutually reconcilable because if the market is free,
it will eventually undermine apartheid. He claims that the liberal values inherent in
the free market are, therefore, anti-apartheid in nature. We will return to this issue
in our discussion of the liberal-radical debate below.

4.2.2 Socialism
The socialist tradition in South Africa is rich and varied and includes Marxism,
Leninism, Trotskyism, Stalinism, Maoism and various forms of neo-Marxism.
Some of the best-known socialist organisations are the South African Communist
Party; the Economic Freedom Fighters; the Workers and Socialist Party (WASP);
the Workers Organisation for Socialist Action; Azapo; Socialist Party of Azania
(SOPA) and numerous trade unions.

The main characteristics of socialism are its stance against (i.e. opposition to)
capitalism, its conviction that capitalists exploit workers and that distinctions in
society are materially determined and class-based. Socialism emphasises the class
struggle. Not surprisingly, different versions of socialism have different views of
the state: some see it as a capitalist instrument of exploitation, while others view it
as relatively autonomous. The SACP’s “colonialism of a special type” (CST) is an
example of a socialist analysis of the state and is discussed later.

4.2.3 Marxism
Since 1990, John Saul has been regarded as an authority on Marxist scholarship
in South Africa. Most of his ideas are summarised in his book, Recolonization and
resistance in South Africa in the 1990s (see the list of publications for additional reading
at the end of theme 2).

Saul’s approach is based on his call for a socialist transformation of South Africa’s
racial, capitalist society. He rejects the notion of political reform and democratisation
only, that is, political reform without socioeconomic redress. He is therefore very
critical of the lure of forming elite pacts and the emphasis on the modalities of
democratisation; instead, he favours structural reform as a position between reform
and revolution.

Structural reform, according to Saul, involves the state aggressively intervening in

the economy and deliberately taking steps that will create a mixed economy (which is

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 STUDY UNIT 4: Theories of race and class

neither capitalist nor socialist). This intervention will ensure growth, but production
will be directed by the state and not left to the free market. The success of such a
strategy depends on empowerment, especially the empowerment of the organised
working classes.

4.2.4 The liberal-radical debate

This debate includes a very wide spectrum of smaller debates, so our discussion here
is only a summary. At first glance, the debate appears to focus on South Africa‘s
history – particularly the apartheid period – and many will therefore argue that
it (i.e. the liberal-radical debate) has become outdated as far as political science is
concerned. However, we believe that it still makes sense to include the debate in this
course because the divergent interpretations of South African history encountered
in the liberal-radical debate still provide us with analytical tools about South African
society, including South African society today.

Also, the assumptions used by the different sides in the debate show how different
political movements, or tendencies, interpret reality (in this case, reality in South
African politics). These different interpretations are the reason, in effect, why the
parties act as they do. In short, the liberal-radical debate explains some of the
paradigms still used in South African politics; for this reason, it is important that
we examine it here.

The historical interpretations determine whether the origin and nature of

apartheid are chiefly racist or economic (class-oriented). The liberal argument
concentrates on a racial analysis of South African society, while the radical argument
uses a predominantly class-based analysis. The liberal argument is ideologically
determined by the permutations (combinations) of liberalism. The radical argument
is closely associated with Marxist and neo-Marxist ideologies.

The debate is summarised by the following four options (Lipton 1986:3):

(1) Capitalists do not want apartheid and have the power to get rid of it.
(2) Capitalists do not want apartheid, but lack the power to get rid of it.
(3) Capitalists do want apartheid, and have the power to retain it.
(4) Capitalists do want apartheid, but lack the power to retain it.

In the above four statements, (1) and (2) reflect the liberal viewpoint, while (3) and
(4) reflect the radical viewpoint.

According to the liberal standpoint, whites – and Afrikaners, in particular – have

developed cultural and social exclusivity and conservative race attitudes. This is chiefly
the result of their experiences with the black section of the population in the Eastern
Cape at the start of the 19th century. These experiences made segregation desirable
(from the whites’ point of view) and resulted in whites being opposed to the whole
notion of equality (i.e. with black people). The development of mining and industry
caused the black section of the population to become increasingly integrated into the
economy. The growing fear that blacks would become equal to, and even compete
with, whites resulted in the racial policies of the National Party (NP).

The radical point of view is firmly based on neo-Marxist thought and concentrates
on the influence of capitalism on race relations. The logic of this argument is as
follows: capitalism, by its very nature, seeks the cheapest possible labour. In South

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Africa, this cheap labour can be obtained only by coercion (force) and by using various
kinds of political, legal and economic pressures. As a result, racial oppression and
political separatism were the most important mechanisms for ensuring cheap labour.

Should you wish to read more about this debate and its implications, you can
consult the following publications:

Leatt, J, Kneifel, T & Nurnberger, K (eds). 1986. Contending ideologies in South Africa.
Cape Town: David Philip.
Lipton, M. 1986. Capitalism and apartheid: South Africa, 1910-1986. Cape Town: David
Philip.
O’Dowd, M. 1978. The O’Dowd View, in Change, reform and economic growth in South
Africa, edited by L Schlemmer & E Webster. Johannesburg: Ravan: ch 2.
Posel, D. 1983. Rethinking the race-class debate in South African historiography.
Social Dynamics 9(1):50–66.
Wolpe, H. 1988. Race, class and the apartheid state. London: James Currey.

ACTIVITY
Does the following statement reflect a liberal or a radical viewpoint?

“By dividing people along ethnic and racial lines, apartheid caused the tensions
and divisions that generated the political intolerance experienced today. ... The
underlying ethnic or communal dimensions of our society and the need for political
power sharing require far more forceful articulation from liberals than it’s currently
receiving” (Kane-Berman 1994:39).

12 FEEDBACK
The liberal argument is associated with liberalism and an emphasis on race. The
radical argument, on the other hand, is associated with Marxism or neo-Marxism
and a class analysis. The quotation does not mention class, but does mention
ethnic and racial differences. Furthermore, political tolerance and power-sharing
are also mentioned – both of which are important points in the liberal argument.
Hence it is clear that the liberal argument is expressed in the above quotation.

4.2.5 Neostatism
The two theories discussed above (i.e. socialism and liberalism) view the state as
objectively neutral and determined by social conditions, although both claim that
the state is often an instrument in the hands of the ruling elite or government (i.e.
the government can use the state for its own purposes). Neostatism, on the other
hand, credits the state with a more active role because it can be partially autonomous
and can have interests of its own. According to neostatism, therefore, the state can
be an assertive and active political actor in its own right.

Neostatism is a form of new institutionalism associated with scholars such as Theda

Skocpol (refer to her book, States and social revolutions [1979], as well as the book she
edited, Bringing the state back [1985]). (New institutionalism is explained below.)

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 STUDY UNIT 4: Theories of race and class

Neostatism is, in principle, a response to pluralism and systems theory’s disregard

for the role of the state as an active and assertive political player. Pluralism and
systems theory consider the state to be a neutral referee in the interactions between
political actors.

Neostatism was partly a reaction to the theory of public choice, which assumes
that politics is about people’s need to satisfy their self-interests in the public sector.
Neostatists argue that rules are necessary to temper or control the way in which we
pursue our self-interests, and these rules take the form of institutions (hence the idea
of new institutionalism). The state may be regarded as a specific type of institution,
which means that, according to new institutionalism, the state enjoys more attention
than in the case of pluralism and systems theory.

The main assumptions of neostatism are as follows:

• The state is a political actor in its own right and can be partly autonomous; it is
not a neutral referee.
• The state has interests of its own.
• A distinction should be made between the state and government.
• There should be greater emphasis on the state’s function of governing and
controlling than on its function of allocating resources (the view put forward
by pluralism).
• Individuals’ behaviour is restricted by institutional restrictions; neostatism allows
individuals relatively little discretion and initiative. The structure of the state
limits their perception of what their own interests and political resources are.
• A positive appreciation of conflict and stress is characteristic of politics; pluralism’s
emphasis on consensus-seeking and negotiated political actions is not supported.

Two South African scholars who use neostatism in their work are David Yudelman
and Deborah Posel. We will now take a closer look at Yudelman’s theory of the
South African state.

4.2.5.1 David Yudelman’s neostatism

4.2.5.1.1 Theoretical assumptions

Yudelman’s point of departure is that existing liberal, Marxist and Afrikaner Nationalist
theories do not adequately explain important trends in the South African state. In
addition to the general assumptions of neostatism, his main theoretical assumptions
(based on neostatism) are as follows:

• His main argument is that existing theories do not really draw a distinction between
state and government (regime); he, however, believes that such a distinction is
necessary.
• He contends that a change in government need not necessarily entail a change
in the form of the state. In most parliamentary systems (i.e. a government based
on parliamentary political parties), there are no radical differences between the
opposing parties and, therefore, a change in government does not mean a change
in the nature of the state.
• Yudelman’s second argument is that the state can be partly autonomous and
may have specific interests of its own. Existing liberal and neo-Marxist theories
make no allowance for this argument. The classical Marxist view of the state is
instrumentalist (i.e. the state is regarded as an instrument used by the dominant

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economic class to exploit and dominate the other classes). The liberal view regards
the state as merely a neutral arbiter or judge of social conflict (the pluralistic
view being that politics, in fact, consists of the interactions between individuals
and interest groups, with the state merely as an arbiter). According to both
these theories, society is virtually autonomous. According to Yudelman (as well
as Skocpol), the state may be partially autonomous, but it may also represent
specific interests. Liberal and Marxist theories make provision for changes in
the composition of the groups, which, according to them, exercise control over
the state, but they make little provision for accommodating changes in the
nature of the state itself. This is not to say that Yudelman supports the idea of
a completely autonomous state. Instead, he places the state midway between the
polar opposites of an autonomous state, on the one hand, and an instrumental
state, on the other.

4.2.5.2 Practical illustration

Both Yudelman’s arguments can be illustrated by the following South African example:

In the first half of the 20th century, the South African state was facing two
problems: (1) obtaining enough revenue from taxes and other sources; and
(2) providing sufficient employment opportunities for white workers, given
the increase in urbanisation. The most important source of revenue for the
government was the gold-mining industry, which employed many white
mineworkers and which, indirectly, provided many employment opportunities
for whites in the public service. This meant that the interests of the mining
industry were often in conflict with the interests of the miners. However, it
was in the interests of the South African government to retain the goodwill
of both groups and it therefore had to protect the growth of the mining in-
dustry, but in such a way that it did not alienate the white mineworkers, who
formed the electorate.

A crisis in the gold-mining industry therefore inevitably led to a crisis in the

state itself. The state’s legitimacy and economic viability (i.e. its ability to
survive economically) depended upon it’s receiving sufficient revenue from
the mines and on the contentment of the white mineworkers. The strike on
the Witwatersrand in 1922 is an example of an instance where the various
interests could not be reconciled and the legitimacy of the state was suddenly
called into question. In short, accumulating capital and legitimising the state
were the biggest problems of the developing modern South African state in
the early part of the 20th century. It would be wrong, however, to argue that
all problems of legitimacy resulted from problems related to the accumulation
of capital. The 1914 rebellion is an example to the contrary, where the legiti-
macy of the state was challenged as a result of South Africa’s participation in
World War I, and not for economic reasons. The 1922 strike showed where
the state stood in relation to interest groups (the gold-mining industry and
white miners), that the interests of the state played a role in this, and that it
could act partly as an autonomous actor.

ACTIVITY
Why would you say that the following quotation expresses the assumptions of
neostatism?

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 STUDY UNIT 4: Theories of race and class

The striking similarities between the liberal and neo-Marxist views of con-
temporary South Africa have been commented on in another context. It
should also be pointed out that their conceptions of the state have significant
similarities. Granted, the classic Marxist view of the state is instrumentalist
(it sees the state as the tool of an economic class or “fraction’’ thereof),
whereas the liberal view corresponds more to the idea of the state as a
neutral arbiter of social conflict. ... They refuse to accept, or fail to see, that
in addition, the state can become at least partially autonomous, with distinct
interests of its own (Yudelman 1984:30).

13 FEEDBACK
The quotation makes critical reference to both liberal and neo-Marxist theories.
The author criticises the liberal view of the state as a neutral arbiter or referee of
conflict. He suggests that the state should be viewed more as an assertive political
player in its own right. The author also claims that the state is partially autono-
mous, with interests of its own. All these points are characteristics of neostatism,
as understood by David Yudelman in his discussion of the South African state.

4.3 THEORIES OF THE NATION AS A DIMENSION OF THE STATE

4.3.1 Nation-building
Nation-building is associated with the new South Africa. Because of the importance
of the nation (or population) in defining a state, nation-building is, indirectly, a
theory about the state. Nation-building, however, is neither determined by a single,
consolidated theory, nor by a general theory of nation-building. Therefore, we will
consider a number of approaches that determine what constitutes nation-building
in South Africa. These approaches include Africanism, pluralism and Afrikaner
nationalism. Each of these approaches is discussed in more detail later on.

Apartheid is often described as an ideology of division – and of a divided nation.

A state is traditionally associated with a defined population or nation. In the past,
the state has therefore often been referred to as a nation-state. Yet South Africa is
not a nation-state because the nation is not unified. Since 1994, however, the ANC
has propogated a policy of nation-building. Several concepts and programmes are
linked with nation-building, such as the rainbow nation, national reconciliation, the
Masakhane campaign, the Reconstruction and Development Programme (RDP),
non-racialism and sport. The most tangible form of nation-building before 1994 was
implemented by Aggrey Klaaste and the late Sam Mabe of the Sowetan newspaper.
Their philosophy was to rebuild the social structures of the black community, which
had disintegrated over the years. This form of nation-building was therefore focused
on the black section of the population.

However, nation-building is not based on one consolidated theory; there are many
variations of nation-building, including the following:

• Afrikaner nationalism
• the plural approach
• the national liberation approach, consisting of

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– the charterist approach

– pan-Africanism
– antiracism and Black Consciousness

Some of these versions of nation-building overlap with the theories we have already
discussed (e.g. CST or the theories that form part of the liberal-radical debate).

Let’s now examine the three main approaches to nation-building.

4.3.2 Afrikaner nationalism

Within the broad interpretation of Afrikaner nationalism, there are the following
three variations:

(1) The first school of thought, which is the most conservative in nature, is in
favour of a volkstaat or ethnic state for Afrikaners or whites. It proposes that a
sovereign independent state be created for Afrikaners, while the rest of South
Africa decides on its own future. This is the standpoint of the Afrikaner-
Vryheidstigting of Carel Boshoff, which started a self-imposed cultural enclave
known as Orania.
(2) This variation overlaps partially with the next approach (plural approach). The
former Afrikaner-Volksunie (AVU) was in favour of self-determination for
Afrikaners within a federal state. They suggest a region (federated sub-state)
within the South African state in which the Afrikaners or whites would enjoy
a very high degree of autonomy, but not be fully independent. Although the
Afrikaners would be regarded as a separate nation, they would not have a
separate independent state.
(3) This school of thought is the most prominent in public debate and it is also
referred to as the post-nationalistic approach. This approach is closely related
to republicanism and Afrikaner nationalism. Civil-society organisations (e.g.
Solidariteit and Afriforum) and activists mostly represent this approach. Propo-
nents of this approach advocate the preservation and promotion of Afrikaans
– as a language, culture and a family of identities and communities – rather
than the establishment of a separatist nation-state or Afrikaner volkstaat. This
approach proposes constitutionalist principles that rely on self-sufficiency and
total independence.

4.3.3 The plural approach to nation-building

According to this approach, groups who are prepared, at one level, to cooperate
with other population groups to attain common goals are grouped together at that
level. At another level, they remain separate. The plural approach therefore aims to
develop a South African nation in which groups are united, but do not lose their
individual identities. The nation must be able to help reinforce relations between
the different groups. Hermann Giliomee (Swilling 1990:264-266) has identified the
following three conditions as being necessary for the success of the plural view:

• It requires a degree of communality (common factors), which is recognised by

all groups.
• All groups have to recognise that they each represent a legitimate tradition.
• This pluralism must be clearly distinguishable from apartheid.

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 STUDY UNIT 4: Theories of race and class

The biggest problem with this approach is the absence of strong, binding commonalties.
In 1987, Wiseman Nkuhlu, the then Rector of the University of Transkei, expressed this
as follows: “No common myths, no common heroes, no war victories to commemorate
together and no statues or symbols of joint accomplishment. Instead we have the
memory and scars of the suffering we have infl icted on each other” (Swilling
1990:264).

According to Giliomee (in Swilling 1990:264), the important common factors are the
Christian faith, economic interdependence and even sport. Giliomee also identified
the following political preconditions for a plural approach to be successful:

• The individual and group rights of both the minority and majority communities
should be recognised. Also, all groups should accept a government system in
which all can participate (i.e. power-sharing).
• The NP, as the strongest white party in 1990, had to break with apartheid entirely
and move away from the idea of white domination based on statutorily classified
groups.

In South African politics, the plural view of nation-building was best expressed by
federalism as a state form in the early 1990s. Some visualised it in the form of a
consociational democracy. The political groupings that were most strongly associated
with the plural view of nation-building were the NP, the Inkatha Freedom Party
and (in many respects) the Democratic Party (DP).

4.3.4 The national liberation approach to nation-building

At least three schools of thought within the national liberation movement have a
specific standpoint on the formation of a South African nation.

(1) Charterism. First there is the charterist approach of the ANC, the SACP and all
groupings that support the premises enunciated or expressed in the Freedom
Charter. (Hence the “charterist approach”.) The most important statement of
the charterist standpoint is that South Africa belongs to all who live in it, black
and white; this statement is interpreted as nonracialist. In 1990, Giliomee (in
Swilling 1990:267) felt that the ANC was opposed to the plural approach of
groups in politics. However, that is an oversimplification and requires that
the standpoint of the ANC be expressed in the following more nuanced way:

The Freedom Charter refers to national groups, all of whom should have equal
rights (according to the writers of the Charter). In addition, the development of
the cultures of the various groups should be emphasised and, by implication,
their cultural rights should be recognised. What the ANC is opposed to is the
politicisation of ethnicity, that is, the view that the rights of distinct cultural
groups should form the basis of political groups. It can be argued that, from
its very beginnings (in 1955) the charterist view was multiracial and that, in
the course of time, charterism began to assume a nonracial character. Note
that the charterist view does not deny the existence of racial and cultural dif-
ferences, nor does it see the South African nation as having a standardised,
single culture. Its main standpoint is that cultural or ethnic differences should
not constitute the basis for the allocation of political power.

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(2) Pan-Africanism. According to the PAC’s view of pan-Africanism, South Africa

would consist of Africans, who, according to the first president of the PAC,
Robert Mangaliso Sobukwe, had to meet the following requirements:

• Their primary loyalty had to be to Africa.

• They had to accept government by the African majority.

The pan-Africanist movement emphasises the land question and seeks the
repossession of land (Izwe Lethu) by Africans as a key component of their
political ideal. The PAC complicates the situation, however, by using “African”
to refer generally to the Bantu-language-speaking section of the population,
describing this section of the population as “indigenous”. Whites are excluded
and regarded as colonial settlers, despite the Sobukwe definition. The PAC
broke away from the ANC in 1958 to 1959, specifically as a result of the premise
of the Freedom Charter that South Africa belongs to black and white and
that the land should be shared among those who work it (i.e. not only by the
indigenous population).

Since the PAC regarded apartheid as a form of settler colonialism, it saw its
actions as an anticolonial liberation struggle. Thus an anticolonial solution
must also be sought, including the expropriation (i.e. taking away) of white
land. Nation-building, according to the PAC, is chiefly a matter of escaping
colonial influence and liberating the indigenous population, allowing them
to develop normally. The PAC usually claims that it is nonracial (on the basis
of the Sobukwe definition).

(3) Black Consciousness. Thirdly, we have antiracism and Black Consciousness (BC),
which became prominent in the late 1960s and is primarily associated with
Steve Biko. He was the first president of the South African Students Organisa-
tion (Saso), which later also led to the Black People’s Convention (BPC) and
Azapo. In 1971, Biko described BC as follows (Stubbs 1988:63):

Black Consciousness is in essence the realisation by the black man of the

need to rally together with his brothers around the cause of their oppres-
sion–the blackness of their skin–and to operate as a group in order to rid
themselves of the shackles that bind them to perpetual servitude. ... It seeks
to infuse the black community with a new-found pride in themselves, their
efforts, their value system, their culture, their religion and their outlook
to life.

The BC movement is an umbrella movement, which is represented by organisa-

tions such as the Socialist Party of Azania (SOPA) and Azapo (Azanian People’s
Organisation). Neville Alexander, who represented the Workers Organisation
for Socialist Action, denied the existence of different races in South Africa.
According to him, race is an artificial creation of capitalism, which is used to
exploit the workers. Race was used to divide the working class and thus to
create a white labour aristocracy that assisted in exploiting black workers by
means of measures such as influx control (the pass laws) and job reservation
for whites. According to Alexander, there are no biological differences between
the people in South Africa, but only differences in skin colour (pigmentation).
Thus a nation can come into being in South Africa if capitalism is removed – a
nation is therefore possible under socialism. Alexander accused charterists of
multiracialism or the creation of four nations (the national groups to which

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the Freedom Charter refers), a situation which could lead to simply another
version of the NP’s policy of separate development (apartheid).

The concept of black is central to Black Consciousness. Biko defined “black

persons” as those who, legally or by tradition, were discriminated against po-
litically, economically and socially, and who identified themselves as a united
group in the struggle to achieve their aspirations. This means that black is not
an indication of skin colour, but a mental disposition or attitude.

Historically, Azapo was the organisation that was most closely associated with
Black Consciousness. This organisation added a more socialist programme to
the original Biko ideas and was in favour of the creation of a socialist workers
republic of Azania. The relevance of this for the nation-building project is that
Black Consciousness emphasises the immediate plight of the black section of
the population. After this section of the population has regained its feeling
of self-worth and has achieved self-realisation, the possibility exists for one
integrated nation to come into being, and this nation should be nonracial.

Other organisations in South Africa that are currently strongly associated with
the ideas of the Black Consciousness Movement include the Socialist Party
of Azania (Sopa), Black Consciousness Movement and the Black First Land
First (BLF) party, whose leader, Andile Mngxitama, split from the EFF and
formed the BLF.

The BLF relates the identity of blackness and power to land ownership and
emphasises the following:

Without land, there is no freedom or dignity. We want Land First because

it is the basis of our freedom, our identity, our spiritual well-being, our
economic development and culture. The land of Africans was stolen and
this theft has rendered us landless in our own land. We want all the land
with all of its endowments on its surface together with all the fortunes
underground as well as the sky. All of it belongs to us! We are a people
crying for our stolen land! Now we have decided to get it back by any
means necessary!

(Black First Land First. 2015. “Black First! – Land First! A Revolu-
tionary Call”. Press release, 13 August. Available at: https://blf.org.za/
policy-documents/blf-revolutionary-call/.)

The BLF is largely motivated by the idea that land redress will achieve feelings
of self-worth and self-realisation for the majority of the black population. Black
Consciousness parties like the BLF are often critical of the Freedom Charter. It
should be noted that the BLF associated with the BC movement and the pan-
Africanist movement.

Finally, from what we have said so far in our discussion of nation-building, it

should be clear to you that the constitutional negotiations of the early 1990s took
place in a context in which there was considerable lack of clarity about the future
South African nation, and even the state itself. The different parties’ concepts vary:
some call for separate nations, which nonetheless fully overlap with one another
(i.e. balkanisation or fragmentation). At the other end of the scale, there are those
that call for one united South African state without homelands, where nationhood
is determined by loyalty to Africa.

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4.3.5 Colonialism of a special type

Colonialism of a special type (CST) is associated chiefly with the South African
Communist Party, but was also accepted as a valid political notion by the ANC
(in 1969). In 1950, the Communist Party formulated the basic ideas of CST for the
first time, but it was only in 1962, in its party programme entitled The Road to South
African Freedom, that the South African situation was described as a form of internal
colonialism. To help you to understand CST fully, we have quoted the following
from the programme of 1962:

South Africa is not a colony but an independent state. Yet masses of our people
enjoy neither independence nor freedom. ...

On one level, that of White South Africa there are all the features of an
advanced capitalist state in its final stage of imperialism. There are highly
developed industrial monopolies, and the merging of industrial and finance
capital. The land is farmed along capitalist lines, employing wage labour, and
producing cash crops for the local and export markets. The South African
monopoly capitalists, who are closely linked with British, United States and
other foreign imperialist interests, export capital abroad, especially in Africa.

But on the other level, that of Non-White South Africa, there are all the
features of a colony. The indigenous population is subjected to extreme na-
tional oppression, poverty and exploitation, lack of all democratic rights and
political domination by a group which does everything it can to emphasise
and perpetuate its alien European character. ... Non-White South Africa is
the colony of White South Africa itself.

It is this combination of the worst features both of imperialism and colonial-

ism, within a single national frontier, which determines the special nature of
the South African system (SACP [sa]:27-29).

The SACP retained this view until 1989, when it was repeated in a new party
programme, The Path to Power.

This description of the situation is also regarded as the national question. Since the
implication of CST is the existence of two separate nations within a single territory,
this also means that there can be no united South African nation. The objective of the
national liberation struggle is to unite the nations and therefore bring about a single
South African state. This does not, however, imply that the colonial ruler component
(i.e. the whites) has to leave the country. The Freedom Charter of the ANC states:
South Africa belongs to all who live in it, black and white.

4.3.6 Decoloniality
In the above section we discussed the ideas of colonialism of a special type (CST),
where one of the central ideas proposed is that South Africa has all the features
of a colony. In 2015, the features of this description were epitomised by the
#RhodesMustFall campaign, which represented a new theoretical approach to South
African politics. The different fallism protests across South Africa proposed a neo-
opposition towards racism and colonialism in the South African political landscape.
The fallism movement embodied a theoretical approach to South African politics,
which is referred to as “decoloniality”.

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 STUDY UNIT 4: Theories of race and class

Although South Africa has been democratised and apartheid removed, decoloniality
claims that this process did not succeed in removing coloniality. Note that coloniality
must not be confused with colonialism. Coloniality is a collection of processes,
patterns and conditions that has, over time, shaped the global south in the form of
power relations, which are embodied in knowledge and spiritual notions.

Maldonado-Torres explains: “Coloniality, instead, refers to long-standing patterns of

power that emerged as a result of colonialism, but that define culture, and knowledge
production well beyond the strict limits of colonial administrations. Thus, coloniality
survives colonialism” (Maldonado-Torres 2007, cited in Ndlovu-Gatsheni 2013:13).

According to Maldonado-Torres, “decoloniality is not a singular theoretical school

of thought, but a family of diverse positions that share a view of coloniality as the
fundamental problem in the modern age” (Maldonado-Torres 2007, cited in Ndlovu-
Gatsheni 2013:15).

According to Ndlovu-Gatsheni (2013:11–13), decoloniality is premised on three

concepts and can be summarised as following:

• coloniality of power
• coloniality of knowledge
• coloniality of being

Should you wish to read more about decoloniality, you can consult the following
publications:

Beier, U. 2005. Decolonising the mind. 1st edition. Canberra, ACT: Pandanus.
Comaroff, J & Comaroff, J. 2012. Theory from the South or, How Euro-America
is evolving toward Africa. Anthropological Forum 22(2):113–131.
Connell, R. 2014. Southern theory. 1st edition. Cambridge: Polity.
Creary, N. 2013. African intellectuals and decolonization. 1st edition. Athens: Ohio
University Press.
Ndlovu-Gatsheni, S. 2013. Why decoloniality in the 21st century? The Thinker 48:10–15.
Smith, L. 2012. Decolonizing methodologies. 1st edition. London: Zed.

4.4 CONCLUSION
Now that you have worked through this theme, you should be able to name and
discuss the major theories of the South African state. In the next theme we will
discuss the structural aspects of the state.

Should you wish to read more about the theories of modern South Africa, you
can consult the following publications:

Adam, H & Giliomee, H. 1979. The rise and crisis of Afrikaner power. Cape Town: David
Philip.
Alsheh, Y & Elliker, F. 2015. The art of becoming a minority: Afrikaner re-
politicisation and Afrikaans political ethnicity. African Studies 74(3):429–448.
Degenaar, J. [Sa]. Nations and nationalism: the myth of a South African nation.
Occasional paper 40. Mowbray: IDASA.
Halisi, CRD. 1999. Black political thought in the making of South African democracy.
Bloomington, IN: Indiana University Press.
Howarth, DR & Norval, AJ (eds). 1998. South Africa in transition: new theoretical perspectives.
London: Macmillan.

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Kane-Berman, J, Bloom, J, Douglas, C, Ntsane, S, O’Malley, K, Christiansen, D,

Maphalala, J & Pereira, P. 1994. The new liberals. Johannesburg: South African
Institute of Race Relations.
Leatt, J, Kneifel, T & Nurnberger, K (eds). 1986. Contending ideologies in South Africa.
Cape Town: David Philip.
Lipton, M. 1986. Capitalism and apartheid: South Africa, 1910–1986. Cape Town: David
Philip.
Saul, J. 1993. Recolonization and resistance in South Africa in the 1990s. Trenton, NJ: Africa
World Press.
South African Communist Party. [Sa]. The road to South African freedom. London:
Inkululeko.
Stubbs, A (ed). 1988. Steve Biko: I write what I like. London: Penguin.
Swilling, M (ed). 1990. Views on the South African state. Pretoria: Human Sciences
Research Council.
Wentzel, J. 199S. The liberal slideaway. Johannesburg: South African Institute of Race
Relations.
Yudelman, D. 1984. The emergence of modern South Africa. Cape Town: David Philip.

SELF-ASSESSMENT
(1) What are the most important theories or models used in contemporary
analyses of the modern South African state?
(2) Discuss the main arguments in the liberal-radical debate.
(3) Discuss colonialism of a special type (CST) as a theory about the South
African state.
(4) Do you believe that nation-building is, in fact, a political theory about the
nature of the South African state?
(5) Indicate whether the following statement is true or false?

The Black Consciousness Movement claims that South Africa belongs only
to indigenous, Bantu-language-speaking Africans.

(a) True
(b) False

(6) Which one of the following statements is not true of neostatism?

(a) The state has interests of its own and is partially autonomous.
(b) Any distinction between the state and government is artificial.
(c) The structure of the state limits people’s perceptions of their interests.

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 3 THEME 3
Structural aspects of the current
South African state

On completion of this theme, you should be able to:

• discuss the constitutional principles and how they influence the final Constitution
• discuss the nature and scope of the Bill of Rights in the South African Constitution
• discuss the three branches of state authority in South Africa in the context of the
separation of powers (trias politica)
• discuss the function of the judiciary in the contemporary South African state
• discuss the principle of cooperative government
• discuss the nature and functions of the two houses of Parliament
• discuss the national legislative process and the two parliamentary houses
• discuss the provincial and local governments
• discuss the chapter nine institutions supporting constitutional democracy
• discuss traditional authority in South Africa

KEY CONCEPTS
Please make sure you understand the following key concepts before you begin
working through this study unit:

Bill: A draft form of legislation that becomes an Act of Parliament when the houses
of parliament pass it and the president assents (agrees) to it and signs it.

Bill of Rights: A document or a section of a constitution which spells out and

guarantees fundamental and entrenched rights of individuals and (sometimes) groups.
(Entrenched rights means that a person’s rights are firmly established; it is extremely
difficult to alter someone’s entrenched rights.)

Concurrence: When legislation is sent to the other House to agree or not with the
legislation.

Executive: The branch of state authority that is responsible for implementing

or executing parliamentary legislation and public policy. In South Africa, the
executive comprises the president and the cabinet. It may also include the civil
service, which is otherwise referred to as the public administration.

Final Constitution: This is the Constitution of the Republic of South Africa of

1996 adopted by the elected Constitutional Assembly (the two houses of parliament).

Interim Constitution: The Constitution of South Africa adopted in 1993 and

negotiated at the World Trade Centre in Kempton Park. The April 1994 election
activated this Constitution, which was meant as a transitional arrangement until the
final Constitution was in place.

Judiciary: The branch of state authority responsible for the adjudication (official
judgment) of parliamentary legislation and the legal system in general. This branch

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of state authority is most visible, as it were, in the various law courts and the judicial
officers of these courts (e.g. judges).

Law: Law is a system of rules, usually enforced through a set of institutions to regulate
human conduct. It shapes politics, economics and society in many ways. There are
different types of laws, namely contract law, property law, trust law, criminal law,
constitutional law and administrative law. Constitutional law provides a framework
for the creation of law, the protection of human rights and the election of political
representatives. Law also raises important issues concerning equality, fairness and
justice.

Legislature: The branch of state authority responsible for the formulation of the
rules binding on society, mostly in the form of legislation. The most common form
of legislature is a parliament.

Lower house: The house of parliament that is normally directly elected by popular
vote. Its members are either representatives of constituencies or political parties.

Upper house: The house of Parliament that is often indirectly elected or nominated,
and that most of the time represents the regions (such as provinces) of the state.
The upper house is often a house of review, and serves as a check and balance on
the lower house. In other words, it examines legislation passed by the lower house
and checks that it (i.e. the legislation) is acceptable.

INTRODUCTION
Structuralism

In this study unit, the focus is on the structural aspects of the state. These aspects
are dealt with in the context of the Constitution of the Republic of South Africa
of 1996, as amended. This does not mean that this is the only way of dealing with
the structure of the state. Structuralism in a non-Marxian sense focuses largely
on the institutions of the state and the power relations between these institutions.
Structuralism in a Marxian sense (referring to the tradition introduced by Karl
Marx) focuses mainly on the power relations between structures, in particular the
substructure and superstructure of the state. This structure determines the social
configuration of the state, that is, the relation between classes in society.

These two structuralist approaches differ markedly in their focus and it would
therefore be extremely difficult to use both in the same discussion. Although, in this
study unit, we use the non-Marxian understanding of structuralism (i.e. structuralism
as relationships between institutions), this does not mean that we reject the tradition
established and followed by scholars such as Norberto Bobbio, Ralph Miliband,
Louis Althusser, Nicos Poulantzas and Ernesto Laclau.

This study unit focuses sharply on the Constitution of the Republic of South Africa;
therefore, you are advised to have a copy of the Constitution handy for ease of
reference.

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5 Contextual aspects of South Africa’s
Constitution

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• discuss the characteristics of South Africa’s Constitution

• discuss the interim Constitution
• explain the constitutional principles
• discuss the Bill of Rights
• explain South Africa’s form of state

5.1 INTRODUCTION
After the end of apartheid, there was a need to create a new democratic government,
which advocated certain values and principles such as equality, dignity, human
rights and freedom. The 1996 Constitution is a means by which such a system of
democratic government could be implemented; the 1996 Constitution contains values
and rules that guide government and the governed. The Constitution also explains
how government must be organised, and how state institutions must operate and
what the role and responsibilities of state institutions are.

5.2 INTERIM CONSTITUTION

South Africa is commonly referred to as a constitutional democracy. The 1996
Constitution is intrinsically linked with the interim Constitution (1993). The 34
constitutional principles are the most important aspect of this Constitution. Other
practices established by the interim Constitution were:

• the executive president and deputy president

• a cabinet responsible to Parliament, and consisting of parliamentarians, who are
nevertheless appointed by the president
• a bicameral parliament, with the upper house representing provincial interests
• a newly integrated state, consisting of nine provinces with their own elected
legislatures and executives
• concurrent powers shared by the national and provincial tiers of government
• a bill of rights and a Constitutional Court
• an electoral system of proportional representation
• official language status granted to the 11 main South African languages

Most of these principles are discussed in this study unit.

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5.3 THE CONSTITUTIONAL PRINCIPLES

The constitutional principles were negotiated at the Kempton Park Multiparty
Negotiating Process. The purpose of the principles was to determine a framework
that would be binding on the negotiators of the final Constitution in the elected
Constitutional Assembly. The members of the Assembly and the Members of
Parliament (the National Assembly and the Senate) were exactly the same.

The constitutional principles are fully entrenched, that is, no majority can change
or amend them. The Constitutional Assembly was therefore fully bound to include
all 34 principles in the Constitution. They also bind the provincial legislatures that
negotiate their provincial constitutions, in the sense that their constitutions may
not contradict any of the principles. Furthermore, the Constitutional Court has to
certify all the constitutions before they can be implemented. In other words, the
Constitutional Court had to ensure that all the principles were included in the final
Constitution, and that the provincial constitutions did not contradict any principle.

5.4 FIVE MAJOR TOPICS

The principles deal with the following five major topics (Faure & Lane 1996:37-42):

(1) The transition period. The national executive and legislature were entrenched
for a five-year period until April 1999. New cabinets and parliaments can be
formed, but their composition and functions may not be changed.
(2) The status of the Constitution. The principles state that the Constitution is
the supreme law of the land; in other words, South Africa has constitutional
sovereignty or supremacy. The implications of this are that: (1) the new Con-
stitution has established the principle of judicial review of legislative and
executive/administrative actions; and (2) the supreme authority is, in fact, the
judiciary’s interpretation of the Constitution.
(3) Fundamental rights. Although the interim Constitution included a bill of
rights (chapter 3), the principles ensured that certain rights are entrenched.
The principles refer, among other things, to the following:

• universally accepted fundamental rights, freedoms and civil liberties that

must be entrenched and justiciable
• prohibition of discrimination and the protection of racial and gender
equality and national unity
• a diversity of language and cultures that should be acknowledged, protected
and promoted

(4) Democratic principles. These include representative government, a multiparty

system, regular elections, universal adult suffrage, a common voters roll, pro-
portional representation, and participation by minority parties in the legislative
process in a manner consistent with democracy.
(5) The form of state and government. The principles state that South Africa must
be one sovereign state, with one common citizenship and a democratic system
of government. The general application of the right to self-determination
does not exclude the right to self-determination of any community sharing
a common cultural and language tradition. Separation of powers between the
legislature, executive and judiciary is entrenched, as is the provision of ap-
propriate checks and balances. Intergovernmental relations among the three
tiers of government are also determined.

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ACTIVITY
One of the constitutional principles determined that the national executive in the
form of the president and the government of national unity, as set out in the interim
Constitution (1993), was to remain in existence until April 1999.

The final Constitution (1996) determined that the national executive should consti-
tute the president and a government formed on the basis of the majority support
in parliament. The Constitution came into effect in early 1997.

(1) What is the status of the constitutional principles that determines the na-
tional executive?
(2) What form did the national executive take in the period between 1997 and
1999 – was it a government of national unity or a majority government?
(3) Does the fact that the final Constitution took effect in early 1997 automatically
imply that this constitutional principle is incorporated in the final Constitution?

14 FEEDBACK
The 34 constitutional principles were fully entrenched in the interim Constitution
as the foundation of the final Constitution. The Constitutional Court had to ensure
that all of them were incorporated in the final Constitution before it could be certi-
fied and could take effect as the new Constitution. The negotiators and members
of the constitutional assembly were therefore bound by the principles.

One of the characteristics of the principles is that they entrenched the transitional
period of five years from 1994 onwards. This means that, although the final Con-
stitution came into effect in 1997, the transitional government of national unity had
to be retained until April 1999. Only after the 1999 general election could the new
national executive be constituted.

The constitutional principles were particularly significant in determining the content

of the Bill of Rights. This is discussed next.

5.5 THE BILL OF RIGHTS

One the most prudential provisions in the Constitution is that it guarantees every
person in South Africa certain fundamental rights. Every person in South Africa is
born with the same rights, meaning that you and the president have the same rights,
and “everyone is equal before the law”. The Bill of Rights is contained in chapter 2 of
the Constitution. It includes fundamental, individual human rights (e.g. the right to
life, freedom and security of the person, human dignity and the right to privacy) and
collective, group rights (e.g. the rights of cultural, religious and linguistic communities
and the rights associated with labour relations).

Although the rights are fundamental, they are not absolute and can be limited.
The South African Constitution has a general limitation clause (section 36), which
stipulates that limitations can only be:

• general in application (i.e. they cannot be targeted at specific individuals or groups)

• reconcilable with what is reasonable and justifiable in an open and democratic
society

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• based on all relevant factors, including the nature of the right, the importance of
the limitation, of the right, the nature and extent of the limitation, the relation
between the limitation and its purpose, and whether there are less restrictive
means to achieve the limitation’s purpose

The following rights and freedoms are guaranteed in the Constitution:

equality; human dignity; life; freedom and security of the person; freedom
from slavery, servitude and forced labour; privacy; freedom of religion, belief
and opinion; freedom of expression; right to assembly, demonstrations, picket
and petition; freedom of association; political rights; citizenship; freedom of
movement and residence; freedom of trade, occupation and profession; labour
relations; environment; property; housing; health care, food, water and social
security; children’s rights; education; language and culture; rights of cultural,
religious and linguistic communities; access to information; just administrative
action; access to courts; and rights of arrested, detained and accused persons.

Above is an extensive list of rights and freedoms that are guaranteed in South Africa;
do you think that some of these rights are contradictory or that some rights should
be limited? Below we will discuss the limitation clause and the rights and freedoms
guaranteed in South Africa.

In 1995, the Constitutional Court handed down the landmark decision in State v
Makwanyane and Another in which the rights to life, dignity and not to be subjected to
cruel, inhuman or degrading punishment were found to be fundamentally important.
The death penalty constituted a severe infringement of these rights and could not be
justified. The court forbade the government from carrying out the death sentence
on any prisoners.

In 2001, a brothel-owner, a brothel employee and a sex worker were convicted in the
Magistrates’ Court of contravening the Sexual Offences Act (1957). The appellants
were appealing to the Pretoria High Court for the constitutionality of Section 20 (1)(a)
of the Sexual Offences Act (1957) which states that sexual intercourse between two
persons of the opposite sex who are not married is an offence only if it is practiced for
reward by a person (the prostitution provision). In 2001, the High Court found that
the section of the Sexual Offences Act (1957), which criminalises carnal intercourse
for reward, was unconstitutional. The appellants then appealed to the Constitutional
Court of South Africa the following year (2002), arguing that the High Court order
invalidating the prostitution provision should be confirmed. In October 2002, the
Constitutional Court handed down the seminal decision in State v. Jordan and Others.
The state opposed confirmation of the order invalidating the prostitution provision.
The judges concluded that the prostitution provision does not infringe the rights to
human dignity and economic activity and that if it does limit the right to privacy,
“such limitation is justifiable”.

How does the Constitutional Court make judgments regarding the limitation of
certain rights and freedoms as discussed above? The Constitutional Court takes
a “two stage analysis” during which it must first determine whether the disputed
provision limits a constitutional right. If it does, then the Constitutional Court must
determine whether the limitation of the right is justifiable in terms of the limitation
clause. Essentially, “the more serious the impact of the measure on the right, the
more persuasive or compelling the justification must be” (State v Manamela 2000).
In the case State v Manamela 2000, the Constitutional Court made it clear in their
judgment that the factors to be taken into account should not be a rigid test and

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that the enquiry into reasonableness and justifiability requires a court to “engage in
a balancing exercise and arrive at a global judgment on proportionality”.

Should you wish to read more about the limitations, you can consult the
following sources for more information:

S v Jordan & Others (Sex Workers Education and Advocacy Task Force and Others
as Amici Curiae (CCT31/01) [2002] ZACC 22; 2002 (6) SA 642; 2002(11)
BCLR1117: http://www.safl ii.org/za/cases/ZACC/2002/22.html (legal
document)
Naidoo, K. & Govender, K. 2011. Compulsory HIV testing of alleged sexual
offenders – a human rights violation. South African Journal of Bioethics and Law,
4(2):95. doi:10.7196/SAJBL.126

5.6 APPLICATION OF THE BILL OF RIGHTS

The South African Bill of Rights applies at both horizontal and vertical levels:

• vertically, in the relations between individuals or groups on the one hand, and
branches of state and all the organs of state on the other
• horizontally, in the (private) relations among individuals, legal entities such as
businesses, or groups, known as natural or juristic persons

A significant modification in the final Constitution is that it explicitly states that

the Bill of Rights is applicable not only to vertical relations, but also too horizontal
relations. The courts, especially the High Court and Constitutional Court, are
the custodians of the Constitution, and are responsible for its enforcement and
interpretation. Part of their functions is to ensure that the limitation of human rights
does not exceed the boundaries of what is reasonable and justifiable in an open and
democratic society. Should an individual experience an act that limits his or her rights
beyond these norms, a competent court of law can rule that it is unconstitutional.

In essence, no person or institution is excluded from chapter 2 in the Constitution.

5.7 ENFORCEMENT AND INTERPRETATION OF THE RIGHTS

Any individual, group, juristic person or organ of state can approach a competent
court of law (normally either the High Courts or Constitutional Court) when one
of the rights has allegedly been infringed. The court may grant appropriate relief.

A dispute regarding the interpretation of a right listed in the Bill of Rights is normally
heard by the Constitutional Court. In chapter 2 of the Constitution, such rights and
freedoms are normally formulated in general terms and all the detailed applications
are not specified. It is the task of the courts to provide legal interpretation for specific
instances.

The Constitutional Court of South Africa has already given landmark interpretations
regarding the death penalty (the right to life) and corporal punishment. If any
person considers any legislation, such as the pro-choice abortion legislation, to be
unconstitutional, he or she can challenge it in court. Actions by any branch of the
state, such as the executive/administrative authorities, which allegedly conflict with
the Bill of Rights, can also be challenged in court.

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5.8 THE FORM OF STATE

The form of state is essentially how the state is structured. The form of state is
customarily either referred to as unitary or federal. The form of state also indicates how
the functions of the state are executed and which level of government is responsible
for which function of the state.

How should we understand the South African form of state? Michael Burgess
proposed that “the absence of federation should not blind one to the presence of
federalism”. How should we interpret this maxim? This idea applies to the South
African state because South Africa is not a federation in the formal institutional sense.
The South African state prescribes to a non-majoritarian political principle which
supports territorially divided political authority by which the regions (provinces
and local authorities) and the centre (national authority) share power and separately
have autonomy in the areas under their jurisdiction, this is known as federalism. In
terms of the 1996 Constitution, the South African state exemplifies this idea in that
it is unitary with federal elements.

Both types of power are present:

• Original, exclusive powers. Schedule 5 of the Constitution lists the exclusive

powers of the provincial and local authorities. It does not provide a list of national
powers; all the residual powers (i.e. those not mentioned) are exercised by the
national parliament.
• Concurrent powers. Schedule 4 of the Constitution lists the concurrent national
and provincial powers. These include powers such as:

– administration of indigenous forests; cultural matters; education at all levels,

excluding tertiary education; environment; housing; nature conservation;
regional planning and development; tourism; trade; and welfare services.

In practice, since 1994, intergovernmental relations have evolved that determine how
these concurrent powers are exercised by the various spheres of government. An
(informal) intergovernmental forum – known as MINMEC – was established during
the time of the interim Constitution so that members of the national and provincial
governments could meet regularly and coordinate their policies and actions in terms
of the concurrent powers and functions.

In theory, the national and provincial legislatures could pass legislation that influences,
and yet conflicts with, the same concurrent functions. If this did happen, national
legislation would then take precedence over any other legislation (according to the
dictates of the Constitution).

5.9 INTER-GOVERNMENTAL RELATIONS AND CO-OPERATIVE

GOVERNANCE
In essence, an inter-governmental relation is the organisation of the relationships
between the three spheres of government. The relationship between the national,
provincial and local legislatures and executives is determined by the principle of
cooperative government. According to the Constitution, this principle means that the
national, provincial and local spheres of government are distinctive, interdependent
and interrelated. Note that we talk about sphere of government instead of tier of
government. Sphere is used throughout the Constitution and refers specifically to
the idea that the spheres of government such as national, provincial and local spheres

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are interlinked but also autonomous. It is important to note, that each sphere is
made up of three parts: elected members, cabinet or executive committee, and the
departments together with civil servants who do the work of government.

According to Bertus de Villiers (1997:3), this is significant because it means that

none of the spheres can be abolished by another sphere. Moreover, it emphasises
the non-hierarchical structure of the government. It means that each sphere has a
right to conduct its own activities within the framework of the Constitution, which
is protected and therefore must be respected.

In essence, co-operative governance means that the three spheres of government

should co-operate (work together) to provide citizens with wide-ranging services
(governance). In our discussion, we have now established that the different spheres
of government (national, provincial and local) are autonomous, but that it forms
part of a unitary South African state. Therefore, the different spheres have to work
together on decision-making, co-ordinate budgets, policies and activities, especially
when functions overlap across the spheres.

The principles determining cooperative government are as follows:

• All spheres of government should preserve the indivisibility of the state. No

provincial authority therefore has the right to secede (break away) and form a
new, separate and independent state.
• The spheres should not assume any power or function, except those specifically
conferred on them by the Constitution. This principle refers, in particular, to
provincial constitutions (which might attempt to seize powers from the national
government).
• The spheres should exercise their powers and perform their functions in a manner
that does not encroach on the geographical, functional or institutional integrity
of government in another sphere.

ACTIVITY
Determine whether the principle of co-operative government is, in fact, applied
in the following situation:

Province X is in the process of drafting its own provincial constitution. One

of its provisions is that the province will establish a paramilitary force to
protect its borders against illegal immigrants from a neighbouring state. The
national Constitution, however, has allocated that function to the national
defence force. Moreover, province X claims that, historically, a reserve area
belonged to it, but during the colonial period it was incorporated into the
neighbouring province Y. Consequently, the draft provincial constitution
has redefined its boundaries, as determined by the national Constitution,
to include the contested reserve area. Province X is also in the process of
establishing its own local authorities in the area.

15

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16 FEEDBACK
The case study sketches a situation that blatantly violates the principle of co-
operative government. Reasons for the violation are:

• The provincial sphere tries to assume a power (namely national defence) that
has already been allocated by the Constitution to the national sphere.
• Province X is in violation of province Y’s authority in the contested reserve
area, and therefore encroaches on the geographical integrity of its government.
It may even eventually threaten the indivisibility of the state.

5.10 AMENDING THE CONSTITUTION

The Constitution can only be amended under exceptional circumstances; however,
change to the Constitution is possible and has happened several times. In order to
amend the South African Constitution, a special two-thirds majority is required in
the National Assembly and a supporting vote of at least six provinces in the National
Council of Provinces because the Constitution is inflexible.

In practice this means that a political party cannot change provisions in the
Constitution with a simple majority; a political party has to have a majority of 66,7
percent in a national election to change the Constitution. For such a change to be
effected, parliament must agree, meaning that either one party must have a large
majority or a party must convince other parties to vote aligned to it. Since 1996, some
technical changes have been made to the Constitution and other changes were made
because of new developments in South Africa. Over 17 technical amendments have
been made to the Constitution, which include the renaming of provinces, provincial
boundary changes and the party floor-crossing provision that was later repealed.

5.11 STRUCTURE OF THE CONSTITUTION

The South African Constitution contains 14 chapters which each deals with a specific
topic. The Constitution opens with the preamble, which explains the purpose of the
Constitution; the preamble affirms the people of South Africa’s obligation to healing
the divisions of the past and establishing a society that is dedicated to democratic
values, social justice and fundamental human rights.

• Chapter 1 of the Constitution contains the founding values, which are also
reflected in provisions contained in the rest of the chapters.
• Chapter 2 of the Constitution contains the Bill of Rights; this chapter is the
cornerstone of South Africa’s democracy and prescribes actions and responsibilities
of the state and citizens.
• Chapter 3 of the Constitution contains the guides for the different levels of
government on national, provincial and local level on how they must function in
relation to chapter 6 and 7, which prescribes their powers, and functions.
• Chapters 4, 5 and 8 prescribe the role, structure and responsibility of the three
branches of the state, namely the executive, legislature and judiciary.
• Chapter 9 contains the state institutions which are also referred to as the “chapter
9 institutions”. These institutions support South Africa’s constitutional democracy
and include the institutions such as the Public Protector and the Auditor General.
• Chapter 10 deals with public administration and contains the dealings of the
public service.

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• Chapter 11 contains the security services and deals with the South African
National Defence Force (SANDF), South Africa Police Service (SAPS) and the
intelligence services.
• Chapter 12 contains the provisions of the institution, status, recognition and role
of traditional leaders in South Africa.
• Chapter 13 deals with the general financial dealings of the Republic.
• Chapter 14 contains the general provisions such as matters including funding of
political parties and international law.

5.12 CONCLUSION
Now that you have worked through this study unit, you should be able to explain the
influence of the interim Constitution, and in particular the constitutional principles,
on the final Constitution. In this study unit, we also discussed the nature and scope
of individual human rights and group rights guaranteed in the Bill of Rights, and
the extent to which these rights can be limited.

Should you wish to read more about the Constitution, you can consult the
following publications and website:

Devenish, G.E. 1998. A commentary on the South African constitution. Durban: Butterworths.
De Villiers, B. 1997. Local-provincial intergovernmental relations: a comparative
analysis. Johannesburg: Konrad-Adenauer-Stiftung. (Occasional paper.)
Faure, M. & Lane, J. (eds). 1996. South Africa: designing new political institutions. London:
Sage.
Konrad-Adenauer Stiftung. 1995. Aspects of constitutional development in South
Africa: the first working draft of the final Constitution: 16-17 November 1995.
Johannesburg: Konrad-Adenauer Stiftung.
Konrad-Adenauer Stiftung. 1996. Aspects of the debate on the draft of the new South
African Constitution, dated 22 April 1996: 24–26 April 1996. Johannesburg:
Konrad-Adenauer Stiftung.
Motala, Z. & Ramaphosa, C. 2002. Constitutional law. Cape Town: Oxford
University Press.
Nicol, M. 1997. The making of the constitution: the story of South Africa’s Constitutional
Assembly, May 1994 to December 1996. Claremont: Churchill Murray.
Rautenbach, I.M. & Malherbe, E.F.J. 1998. What does the Constitution say? Pretoria:
Van Schaik.

Website

Civics Academy: http://www.civicsacademy.co.za/video/constitution/

SELF-ASSESSMENT
(1) Which one of the following statements is not true of the South African Bill
of Rights?

(a) The rights can be limited to the extent that such limitation is reason-
able and justifiable in an open and democratic society.
(b) The rights apply only to vertical relationships between organs of the
state and individuals or groups.
(c) The High Court or Constitutional Court is responsible for enforcing
and interpreting the rights entrenched in the Bill of Rights.

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(d) Any individual can challenge the constitutionality of any legislation in

a competent court if such legislation infringes a human right.

(2) Which one of the following is a practice established by the interim Constitution?

(a) A ceremonial president and an executive prime minister

(b) Concurrent powers shared by the national and provincial tiers of
government
(c) An electoral system of winner-takes-all
(d) A parliament consisting of only the National Assembly

(3) Which one of the following is not a characteristic of the constitutional

principles?

(a) They are absolutely entrenched and cannot be changed by any majority.
(b) They form the foundation of the final Constitution.
(c) They are not applicable to the provincial constitutions.
(d) They determine that South Africa must be one sovereign state
though they do not exclude the right to self-determination of any cul-
tural community.

(4) Is the following statement (a) true or (b) false?

The rights and freedoms in the South African Bill of Rights are absolute and
cannot be limited in any sense.

(5) Which one of the following statements does not reflect the status of the Bill
of Rights in the South African Constitution (1996)?

(a) The rights apply only to the vertical level relationships among organs
of the state and individuals or groups.
(b) The High Courts or Constitutional Court is responsible for enforcing
and interpreting the rights entrenched in the Bill of Rights.
(c) Any individual can challenge the constitutionality of any legislation
in a competent court of law if this legislation infringes a human right.

17 FEEDBACK
(1) (b)
(2) (b)
(3) (c)
(4) (b)
(5) (a)

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 6 STUDY UNIT 6
6 The separation of powers in South Africa

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• discuss state authority in South Africa in the context of the separation of powers
(trias politica)
• discuss the important characteristics of the idea of separation of powers in South
Africa
• discuss the important ideas that relate to the separation of powers in South Africa
• explain the significance of the separation of powers in South Africa

6.1 INTRODUCTION
What is the separation of powers and what is its contextual origin in South Africa? It
is important to note that the separation of powers idea is considered to be a necessary
precondition for liberty and to restrain the abuse of power. According to Devenish
(2003:85), “the constitution must provide effective checks on the exercise of power
in a nation state in which constitutionalism prevails. An excessive concentration of
power in a single organ or person is an invitation for abuse or mal-administration.”

6.2 THE DOCTRINE OF THE SEPARATION OF POWERS (TRIAS

POLITICA)
The origin and development of the ideas that support the doctrine of the separation
of powers can be found in the work of two influential philosophers from the Age
of Reason, namely John Locke and the Baron de Montesquieu. However, as is
most commonly explained by scholars, the separation of powers principle emanated
largely from Montesquieu’s influential work, L’esprit des lois (1748).

The separation of powers doctrine or the restriction of state authority is premised

on the idea that the freedom of citizens of a state can be safeguarded only by a
separation of centralised institutionalised power. This notion is based on the idea
that if power is centralised, it can potentially lead to abuse.

The contribution of the separation of powers as part of our discussion is of fundamental

value to understanding any form of authority. The greatest contribution and value
of the separation of powers doctrine lies in its constitutional role, which establishes
checks and balances in government so that state authority is not exercised arbitrarily.
This role is also informed by the idea of a constitutional state or a Rechtsstaat.

In our discussion, we mentioned that the freedom of citizens of a state could be

safeguarded only by a separation of centralised institutionalised power. How are
the divisions of authority established? As you may have noted in our discussion,
the separation and division of state authority is established through the division

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of structural and functional separation of the state’s authority into the legislative,
executive and judicial authority. As you will note, the constitutional principle of the
separation of powers is a fundamental contribution to stability and maintenance of
modern governments.

However, how do we identify the separation of powers in modern forms of government?

Labuschagne (2004:87) explains that Montesquieu’s ideas of the separation of powers
are present in all constitutions and that the modern version of the separation of
powers [which] developed over centuries [from] the Montesquieun ideas eventually
developed into a norm that comprised four basic principles:

(1) The principle of trias politica: a formal distinction is made between the different
branches of the state: legislative, executive and judicial.
(2) The principle of separation of personnel functions: each branch of the state
is staffed with different officials.
(3) The principle of separate functions: each branch of the state is entrusted
with its core function, namely legislation, administration of state affairs and
adjudication.
(4) The principle of checks and balances: each branch is entrusted with special
powers, to keep a check on the others so that an equilibrium in the separation
and distribution of powers may be upheld (Van der Vyver 1993:178).

In the next section, we will discuss some of these principles and how these principles
relate to South Africa.

6.3 THE SEPARATION OF POWERS IN SOUTH AFRICA

If we refer to our earlier discussion in Theme 1 and 2 of the study guide, you will
note that the transition from apartheid to democracy transformed South Africa’s
political structure. In contrast to apartheid, sovereignty is located in South Africa’s
1996 Constitution and not in parliament as during apartheid. The establishment of
the doctrine as it stands in the final constitution today can be traced back to the
interim Constitution, which provided that there should be a separation between
“the legislature, executive and judiciary, with appropriate checks and balances to
ensure accountability, responsiveness and openness”. The Constitution therefore
provides for the separation of powers between the legislature, executive, judiciary,
the independent statutory-bodies such as the Electoral Commission (IEC) and the
Public Protector, and the distribution of powers between the different spheres of
government, that is the national, provincial and local government.

The 1996 South African Constitution does not explicitly refer to the doctrine of the
separation of powers. The separation of powers is implicitly outlined in the structure
of the Constitution, which allocates the legislative power to parliament (see section
43), the executive power to the president and the cabinet (see section 85), and the
judiciary to the courts (see section 165). This allocation is a separation of the three
main spheres of the state, namely legislative, executive and judiciary.

As per our discussion earlier, the interim Constitution, specifically Principle IV,
stipulated that the Constitution should make provision for a separation of powers
between the legislature, executive and judiciary. After the Constitutional Court
had conducted the certification process of the 1996 Constitution, the court found
that the partial separation of powers met the required standard as set out in the
Constitutional Principle IV.

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Therefore, the South African Constitution prescribes a very partial separation of

powers doctrine, and adheres only to very limited standards. There is no absolute
separation of powers as can be found in the presidential system of the USA, which
adheres to added structural and functional checks and balances.

South Africa retained the Westminster-style parliamentary system, which partially

blends the executive and the legislature. What do we mean when we refer to the
blending of the executive and the legislature? The parliamentary system is characterised
by a merging of powers; this is an overlap of the persons in the executive and the
legislative branch. This overlap arrangement relates specifically to the legislative
function of the cabinet. Therefore, someone who is in the national cabinet is also a
member of parliament.

Has the Westminster-style parliamentary system operated in practice as envisioned in

the Constitution? The checks and balances of the Constitution have been ineffective
in the space of a centralised governing party, which has had the majority of the
electorates’ support since 1994. In practice, the president has dominated the executive
authority and the national executive has dominated the national legislature.

6.4 CONCLUSION
Now that you have worked through this study unit, you should be able to discuss
state authority in South Africa in the context of the separation of powers (trias politica).
In the next three study units, the three branches of state authority are dealt with in
more detail. The study units will focus on the judiciary, executive (president and
cabinet) and the legislature (parliament).

Should you wish to read more about the separation of powers, you can consult
the following publications and website:

Mojapelo, D.J.P. 2003. The doctrine of separation of powers (a South African

perspective)*. Advocate. April.
Labuschagne, P. 2004. The doctrine of separation of powers and its application
in South Africa. Politeia. 23(3):84–102. DOI: http://hdl.handle.net/10520/
EJC88113.

Website

Civics Academy: http://www.civicsacademy.co.za/video/separation-of-powers/

SELF-ASSESSMENT
(1) Can you identify some the principles informed by Montesquieu’s ideas of
the separation of powers in the South African context?
(2) Discuss the important characteristics of the idea of separation of powers
in South Africa.
(3) Explain the significance of the separation of powers in South Africa.

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7 STUDY UNIT 7
7 The judiciary

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• discuss the South African judicial system and its principles

• discuss the structure of the judiciary in South Africa
• discuss the function and role of the Constitutional Court
• explain the function and role of the Judicial Service Commission

7.1 INTRODUCTION
The judicial system in South Africa is primarily based on Roman Dutch common
law and English procedural law, though it now also recognises indigenous customary
law and Muslim private law. These are some of the sources of the South African
legal system that the judiciary applies in its adjudication. The judiciary interprets and
enforces the law and the Constitution; the judiciary also checks the exercise of power
of the legislature and the executive that is in compliance with the Constitution. The
judiciary declares illegal any laws by the legislature or action by the executive that is
not in compliance with the Constitution. The South African court system consists of:

• the Constitutional Court

• the Supreme Court of Appeal
• 13 High Courts
• the Labour Court
• the Labour Appeal Court
• the Competition Appeal Court
• the Electoral Court
• the Land Claims Court

7.2 PRINCIPLES
The South African judicial system is based on the principle of independence, which
means:

• that the courts are subject only to the Constitution and the law
• no person or organ of state may interfere in their functioning
• the judiciary is impartial and non-political

What is your view regarding these principles? Do you think it is a good idea to have
these principles in place? Why? Why not?

This principle supports the separation of powers (trias politica), especially in relation
to the executive authority. It prevents a cabinet minister or the president from

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interfering in a case heard by a court. Related to this is the principle of the rule of
law. According to Lord Dicey, the rule of law entails the following:

• Every person is equal before the law and nobody is above the law.
• An accused is not guilty until found guilty by a competent court of law.
• The law has a general application and must not discriminate against a particular
individual or group of individuals.

In South Africa:

(1) the courts are the highest authority and only subject to the Constitution and
the law
(2) the courts have the duty to uphold the Constitution
(3) the rule of law is applicable

(1–3) creates a Rechtsstaat in South Africa. This is a German concept that is

difficult to translate. A Rechtsstaat is the political entity closest to the South
African constitutional state; in the constitutional state, the law, including the
Constitution – and not the people or parliament – is the highest authority.

The structure of the judiciary in South Africa is defined in chapter 8 of the South
African Constitution. The judicial system in South Africa consists of the following
courts:

Figure 1

7.2.1 Constitutional Court

The Constitutional Court consists of a chief justice, deputy chief justice, and nine
other judges. It is the highest court in all constitutional matters. Its functions are
as follows:

• To rule in disputes between organs of state in the national and provincial spheres
(tiers) of government on all matters relating to the constitutional status, powers
and functions of these organs of state (In other words, the Constitutional Court

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gives an interpretation of the Constitution in disputes between the national and

provincial governments, or in disputes involving intergovernmental relations.)
• To decide on the constitutionality of any legislation, or any amendment to the
Constitution
• To decide whether parliament or the president has failed to fulfil a constitutional
obligation
• To certify the provincial constitutions (on the basis of their compatibility with
the constitutional principles)

ACTIVITY
Do you know the names of the current chief justice and the deputy chief justice
of the Constitutional Court? If not, find out their names.

7.2.2 Supreme Court of Appeal

The Supreme Court of Appeal consists of a president, a deputy president and five
judges as determined by legislation. It is the highest court of appeal, except in
constitutional matters. At the moment it is situated in Bloemfontein. Normally
when a person is not satisfied with the decision of a High Court, they may take the
matter further to the Supreme Court of Appeal. The Supreme Court of Appeal
hears all issues connected with appeals and any matter that may be referred to it in
circumstances defined by an Act of Parliament.

7.2.3 High Court

The High Court was known as the Supreme Court. The High Court is reserved for
serious criminal and civil cases; however, they may hear constitutional matters. The
High Court is situated normally in the capital of each province. There are 13 High
Courts in South Africa. Do you know where the nearest High Court in your area
is situated? Did you know that Gauteng has two High Courts, one in Pretoria and
one in Johannesburg?

7.2.4 Magistrates’ Court

In South Africa, the Magistrates’ Court is the entry point for the majority of people
who go to court. It is important to note that in South Africa there are two kinds of
magistrates’ courts: regional courts and district courts. Regional courts are higher
in rank, which means that they hear more serious cases and may impose heavier
sentences than district courts. It is important to note that a Magistrates’ Court
and other courts may not enquire into or decide about the constitutionality of any
legislation or any conduct of the president.

7.2.5 Other courts

In the above discussion, we briefly referred to other courts. In South Africa, there
are various other courts, which can be found within the court hierarchy. Below is a
list of some these courts:

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• the Small Claims Courts which hear minor cases involving small sums of money
• the Electoral Court which hears cases dealing with electoral issues
• the Labour Court which hears cases dealing with issues pertaining to labour
relations
• the Land Claims Courts, which hear cases dealing with matters of land restitution

7.3 THE JUDICIAL SERVICE COMMISSION

It is important to remember that because judges and magistrates are independent and
impartial, they are appointed in a different manner. The Judicial Service Commission
(JSC), which is chaired by the chief justice, was formed by the Constitution. The
chief justice oversees the courts and the judiciary; a deputy chief justice assists the
chief justice.

The Judicial Service Commission is composed of the chief justice of South Africa;
the president of the Supreme Court of Appeal; one judge president; the Minister of
Justice and Constitutional Development; two practicing advocates; two practicing
attorneys; one teacher of law; six members from the National Assembly (at least
three of whom must be members of opposition parties); four members from the
National Council of Provinces; and four more persons designated by the president. It
is also important to remember that the president appoints the chief justice of South
Africa and the president of the Supreme Court of Appeal; however, the president
first consults with the Judicial Service Commission before appointing these leaders
to the judiciary.

The commission’s tasks include, among other things, the following:

• to prepare a list of candidates for judges of the Constitutional Court for the
president (who appoints these judges)
• to give the president advice on the appointment of judges in all the other courts
• to deal with complaints brought against judges
• to advise the national government on any matter relating to the judiciary or the
administration of justice

Should you wish to read more about the judiciary, you can consult the following
publications and websites:

Calland, R. 2006. Anatomy of South Africa: Who holds the power? Cape Town: Zebra Press.
Faure, M. & Lane, J. (eds). 1996. South Africa: designing new political institutions. London:
Sage.

Websites

Civics Academy. Judiciary: http://www.civicsacademy.co.za/video/judiciary/

Civics Academy. Justice: http://www.civicsacademy.co.za/video/justice/
Judges Matter. JSC: http://www.judgesmatter.co.za/the-jsc/2016-2/

7.4 CONCLUSION
Now that you have worked through this study unit, you should be able to explain
the principles underlying the South African judicial system and the function of the
major courts.

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SELF-ASSESSMENT
(1) Fill in the missing words: The (a).... is the highest court of appeal except in
constitutional matters. The (b).... has the task of advising the president on
the appointment of judges. The (c) ... is responsible for rulings in disputes
between organs of state in the national and provincial spheres of govern-
ment regarding their constitutional status.
(2) Discuss which is the highest court in South Africa.
(3) The judiciary is based on which principles?

18 FEEDBACK
(1) (a) Supreme Court of Appeal
(b) Judicial Service Commission
(c) Constitutional Court

(2) The High Court is reserved for serious criminal and civil cases; however,
they may hear constitutional matters. The Supreme Court of Appeal is the
highest court of appeal, except in constitutional matters. The Constitutional
Court is the highest court in all constitutional matters.
(3) The principle of independence, which means that the courts are subject only
to the Constitution and the law, no person or organ of state may interfere in
their functioning; the judiciary is impartial and non-political.

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 8 STUDY UNIT 8
8 The legislative authority

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• discuss the structure of parliament

• discuss the key characteristics of the National Assembly
• discuss the key characteristics of the National Council of Provinces
• discuss the main functions of parliament
• explain the legislative process of parliament

8.1 INTRODUCTION
The legislative authority is vested in Parliament (section 44 of the Constitution),
the national legislature (Parliament) is representative of the people of South Africa
and is responsible for passing laws and holding the executive branch of government
accountable. Section 43 of the Constitution provides that legislative authority of the
national, provincial and local sphere of government is vested in:

• Parliament
• the provincial legislatures (9)
• the municipal councils

The national parliament consists of two houses: the National Assembly and the
National Council of Provinces. In this section, we shall discuss the following:

• the two houses of Parliament and their types of power

• the National Assembly
• the National Council of Provinces
• the national legislative process
• the role and functions of committees in Parliament

8.2 CORE MANDATE

What is the core mandate of the legislative sector? What is the purpose of the
legislative sector? The legislature in South Africa has three main functions:

• a legislative function
• an oversight function
• public participation

In South Africa, the provincial legislatures together with Parliament at national

and provincial level have the power to make laws for the country in accordance
with sections 43(a) and 44 of the Constitution. The National Council of Provinces

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(NCOP), which represents the provinces, ensures that the provincial interests are
taken into account during the national legislative process.

Parliament and the provincial legislatures provide mechanisms to ensure that all
executive organs of state in the national and provincial spheres of government are
held accountable and are responsible for initiating oversight functions of the executive.
The executive is accountable to the legislative arm as required by sections 92(2) and
133(2) of the Constitution. Cabinet ministers and the Members of the Executive
Councils (MEC) must act in accordance with the Constitution by providing Parliament
and the provincial legislatures with regular reports in relation to their portfolios.

Lastly, all members of legislatures are elected to office with the responsibility of
making decisions on behalf of the public and are accountable to the public. They are
constitutionally compelled to ensure and provide for public involvement in legislative
processes. In the next sections, we will be discussing these aspects in more detail.

ACTIVITY
According to a survey done by the Parliamentary Monitoring Group (PMG), mem-
bers of Parliament rarely take the inputs from the public seriously.

What is your opinion regarding legislative authorities in South Africa and do you
think that the legislative institutions like Parliament are accountable to the public?
Discuss in your own words.

19 FEEDBACK
Below is a link to a survey done by the Parliamentary Monitoring Group (PMG) in
relation to public participation in Parliament.

Public Participation in Parliament – a survey of participants:

https://pmg.org.za/page/newsletter

8.3 THE TWO HOUSES OF PARLIAMENT

The national legislature (Parliament) is bicameral and has two houses, which has
specific purposes:

• The National Assembly is made up of 350 to 400 representatives known as

Members of Parliament (MPs), which represent the interests of individual voters
(through the political parties). It is a government by the people in that it elects
the president, provides a national forum for public consideration of issues, passes
legislation, scrutinises and oversees executive action.
• The National Council of Provinces represents the interests of the provinces. This
is a typical function of the upper house in a federal state, such as the American
Senate, the German Bundesrat or the Nigerian Senate. (Sometimes we also find
this in a unitary state, such as the Namibian Council of Provinces.) This upper
house represents provinces’ interests mainly by participating in the national
legislative process and by providing a national forum for the public consideration
of issues affecting the provinces.

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Parliament has the following powers, which are exercised jointly by the two houses:

• to consider, amend and pass bills and laws and can amend the national Constitution
• to exercise its original (residual) powers
• to exercise the concurrent powers (Schedule 4 of the Constitution) in cooperation
with the provincial governments

8.3.1 The National Assembly

The National Assembly consists of 350 to 400 members directly elected in a general
election by registered voters. The electoral system is determined by ordinary legislation,
but it must be some form of proportional representation. (Proportional representation
means that parties are represented in direct proportion to the number of votes
received. The winner-takes-all system means that the representative with a majority
in a constituency represents all the voters of an electoral district, whether they
voted for him or her or not. The political views and sentiments of the minority of
voters are therefore not represented in a winner-takes-all system. Please note that
this is the electoral system of the United Kingdom, India, USA and most states in
Southern Africa.

8.3.2 Proceedings of the National Assembly

The chairperson of the National Assembly is the speaker. The National Assembly
also elects a deputy speaker from among its members. Normally, the speaker does
not vote, but he or she must cast a deciding vote when there are an equal number
of votes on each side of an issue.

All decisions taken by the National Assembly are based on an absolute majority (50
percent+1). Constitutional matters are normally approved by a two-thirds majority,
except for Article 1.

8.3.3 The role and functions of committees in the National Assembly

An important dimension of the National Assembly is its committee system. Sections
55-57 of the Constitution explain the role of committees; herein it explains that
Parliament must create mechanisms that hold the executive accountable. Much of the
legislature’s work is done in the committees; the committees are sometimes referred
to as the “engine room” of Parliament. The activities and operations of committees
are widely televised and reported on by the media. The committee system is where
the essential work of oversight and accountability is generated. It is important to note
that committees do not take decisions but make recommendations to the legislature;
these recommendations are usually articulated in the form of reports to Parliament.

A wide variety of committees form the basis of ministerial accountability to

Parliament and public involvement in parliamentary work. Committees such as the
portfolio committees, select committees and joint committees are formed by members
of the National Assembly and the National Council of Provinces.

All committees have a chairperson. A committee elects a chairperson, who is

supported administratively by a committee secretary. Committees are concerned with:

• initiating legislation

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• debating, legislation and policy documents

• monitoring and overseeing departments
• investigating and making recommendations on the budgets of these departments
• holding public hearings
• investigating any function of the executive and its department

Sometimes committees summon ministers or departmental officials to appear before

them to supply information.

8.3.4 Committee types in South Africa

There are mainly four committee types in South Africa:

• Portfolio and select committees

The “portfolio” committees shadow government departments in the National

Assembly. For example, there is a Basic Education Portfolio Committee, which
addresses issues related to the Department of Basic Education.

• Committees in the provincial legislatures

These committees are in the provincial legislatures. Almost like the national
portfolio committees, these committees shadow the area of responsibilities of
Members of the Executive Council (MECs). It is important to note that there is
not always one committee per MEC or government department.

• Ad hoc committees

In Parliament and provincial legislatures there are normally temporary committees;

these committees are known as “ad hoc” committees, which are formed to focus
on specific issues. Once the committee has fulfilled its mandate, it terminates.

• Standing committees

A “standing committee” is a permanent structure such as the Public Accounts

Standing Committee (SCOPA). The National Assembly has its own Standing
Committee on Public Accounts, which acts as Parliament’s watchdog over the
way taxpayers’ money is spent by the Executive. The Auditor-General plays an
important role in this committee because the Auditor General has to provide
reports on the accounts and financial management of the various government
departments and state institutions. You will notice that for this committee to
report and account for expenditure it often calls heads of government depart-
ments and institutions. This committee can only make recommendations to the
National Assembly to take corrective actions if necessary.

When the permanent committee has members from both the National Assembly
and the NCOP, it is called a “joint” standing committee, such as the Joint Standing
Committee on Intelligence. It is important to note that the term “standing com-
mittee” is being phased out.

Committees are sometimes formed jointly with the National Council of Provinces.
Examples are the Portfolio Committee on Foreign Affairs and the Joint Select
Committee on Public Accounts. These committees can:

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• summon any person, including a cabinet minister, to appear before them to give
evidence, or to produce documents
• require any person or institution to report to them
• receive petitions, representations or submissions from any interested persons or
institutions

All proposed legislation must first be discussed by such a committee. Note that
each political party is proportionally represented on these committees. A large part
of committees’ work is policy development (i.e. in the preparation or discussion of
Green or White Papers), which is why committees’ public hearings are so important.

ACTIVITY
What are some of the most important committees in South Africa’s national
legislature?

20 FEEDBACK
Below is a list of some the most powerful committees in South Africa’s national
legislature.

• Standing Committee on Public Accounts (SCOPA)

• Portfolio Committee on Justice and Constitutional Development
• Portfolio Committee on Defence and Military Veterans

8.4 THE NATIONAL COUNCIL OF PROVINCES

The National Council of Provinces (NCOP) represents the interests of the nine
provinces, and replaced the Senate established by the interim Constitution (1993).

In terms of Section 44(1)(b), the national legislative authority vested in Parliament

confers on the National Council of Provinces (NCOP) the power to:

• participate in amending the Constitution in accordance with Section 74

• pass ordinary bills affecting the provinces (section 76 of the Constitution)
• consider ordinary bills not affecting the provinces (section 75 of the Constitution)
but passed by the National Assembly

All the provinces are equally represented in the NCOP, irrespective of their population
size or other considerations. Each is represented by ten delegates, including the
following:

• four special delegates, including the provincial premier, who are, by and large,
representatives of the provincial government
• six permanent delegates, who are chosen on a proportional basis (i.e. in terms of
the parties’ representation in the provincial legislature)

Permanent delegates are appointed by the provincial legislatures. If a member of the

provincial legislature (MPL) is appointed as a permanent delegate, he or she must
resign as an MPL. The permanent delegates remain responsible to the provincial
legislature and can therefore be recalled if the member has lost the confidence of
the provincial legislature and is recalled by the political party that nominated that

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person. The member ceases to be a representative of the party that nominated that
person and is recalled by that party.

8.4.1 Proceedings of the NCOP

The NCOP elects a chairperson and two deputy chairpersons from among the
delegates. The chairperson (the first one was Terror Lekota) and the permanent
deputy chairperson (the first one was Bulelani Ngcuka) are elected from among the
permanent delegates for a maximum of five years as determined by the parliamentary
term. The other rotating deputy chairperson (the first one was Dr Frank Mdlalose),
who is normally elected from among the special delegates, is elected for a period
of one year. The deputy should be succeeded by a delegate from another province
each year.

An absolute majority takes decisions in the NCOP about ordinary matters. Each
province has one vote cast on its behalf by the head of its delegation. This means
that five of the nine provinces must vote in favour of an issue. Cabinet members and
deputy ministers may attend and speak in the NCOP, but may not vote.

Local government representatives are also allowed in the NCOP. A maximum of

ten part-time representatives designated by organised local government (national or
provincial associations of municipalities) may participate, but not vote, in the NCOP.

As in the National Assembly, NCOP members can also constitute a variety of

parliamentary committees and fulfil the same functions as the committees in the
National Assembly.

8.5 THE NATIONAL LEGISLATIVE PROCESS

We consider this process under the following headings:

• Section 74 bills dealing with constitutional amendments (bills amending the

Constitution)
• Section 75 bills – ordinary bills not affecting provinces
• Section 76 bills – ordinary bills that affect provinces and the function of the
mediation committee
• Section 77 bills – money bills

As a general proposition, the Constitution determines that all forms of legislation,

except money bills, must be debated and approved by both houses of Parliament.
Only a cabinet minister or a deputy minister or a member of the respective house
of Parliament may introduce a bill; the executive introduces the majority of bills in
Parliament. After the one house has approved it, it must be tabled and approved
in the other house. After final approval, all bills are submitted to the president for
assent and his signature. On the next page is a diagram, which illustrates the law
making process.

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Figure 2

• Section 74 bills dealing with Constitutional amendments

The South African Constitution is inflexible and any amendments to the Con-
stitution require a special two-thirds majority in the National Assembly and a
supporting vote of at least six provinces in the NCOP. If the amendment concerns
only a specific province(s), the NCOP may not pass it unless it has been approved
also by the legislature of the province(s) concerned.

• Section 75 bills or ordinary bills not affecting provinces

After approval by the National Assembly, the bill can be passed, passed subject to
amendments or be rejected by the NCOP. When the NCOP votes on a bill, each
delegate has a vote (rather than each province only having one vote). Decisions
are taken by an absolute majority of 50 percent+1. If a bill is rejected or passed
subject to amendments, the National Assembly must reconsider it in the light of
the amendments. Because the NCOP cannot veto such legislation, the National
Assembly can pass the bill again, with or without the NCOP’s amendments, or
decide not to proceed with the bill.

• Section 76 bills or ordinary bills that affect provinces

The same procedure applies as for the other form of ordinary bills. The main
difference is that both houses have an effective right of veto, which means that
neither house can ignore the amendments to the bill proposed by the other house,
or ignore the other house’s rejection of the bill. If the other house refuses to pass
the amendments, it is referred to the mediation committee.

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• The mediation committee

This is a mechanism designed to break deadlocks. It consists of an equal number

of representatives from each house: nine members of the National Assembly and
one delegate from each provincial delegation (also nine in total). Decisions are
taken by a supportive vote of at least five National Assembly representatives and
at least five provincial delegates. The mediation committee can agree on the bill
as passed by the first house, or on the amended bill passed by the second house,
or agree on another version of the bill. The following procedure applies:

– If the committee decides in favour of the bill as passed by the first house, it
must be referred to the second house for approval.
– If it decides on the amended bill passed by the second house, it must be referred
to the first house for approval.
– If it decides on another version, the new version must be referred to both
houses for approval.
– If such approval is not given, the National Assembly can adopt the bill in its
original form with a two-thirds majority, otherwise it lapses. The NCOP does
not have the power to adopt its original version, and if it continues to disagree
with the National Assembly, the bill lapses.

• Section 77 bills or money bills

A money bill is a bill that appropriates money or imposes taxes, levies or duties.
The best example is the National Budget, officially known as the Appropriation
Act. The Appropriation Act is treated similarly to an ordinary bill not affecting
the provinces. The National Assembly therefore has an effective right of veto
on money bills.

Should you wish read more about the legislative process, you can consult the
following link:

Bill tracker on https://pmg.org.za/bills/

8.5.1 Parliament and the Budget

A key function of Parliament is to discuss and pass the Budget, which is introduced
every year by the Minister of Finance in Parliament. The Budget is discussed in
the committees and then debated in Parliament before a vote is taken. What is the
Budget and what is the function and role of Parliament?

Before we discuss how Parliament discusses and passes the Budget, we must briefly
discuss what the Budget entails. It is important to firstly note that the Budget is
the most important economic instrument of the government; the Budget acts as an
annual plan for what government wants to achieve and how it will spend its resources
(our money, collected through taxes) to achieve its goals. The Budget indicates what
the priorities of government are. The Budget is used to create the conditions for
economic growth and makes sure that the state has the necessary means to function.

The Budget clearly indicates the real priorities of government as discussed above, this
is because government has to make choices about how it will spend limited resources
while satisfying the needs of the people. However, sometimes government has to
expend more resources than it can raise through taxes, and it must then borrow this
money; this is referred to as deficit spending.

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 STUDY UNIT 8: The legislative authority

Historically, taxes have always influenced the legitimacy of governments; in a

democracy, the oversight and control of the Budget is of great significance.

The maxim “no taxation without representation”, which describes a situation in

which people refuse to pay tax without some form of representation, relates to the
parliamentary oversight of the Budget in a democracy. Therefore, government can
use its resources only after Parliament has approved it. How does the legislative
process of approving the National Budget work?

The Minister of Finance tables the Budget proposal for the financial year in Parliament.
The Budget includes the following three bills:

• the Division of Revenue Bill, which specifies how money will be equitably divided
among the spheres of government and the various provinces during the year
• the Appropriation Bill, which sets aside money for national government and
says how it will be divided among the various national departments and state
institutions during the year
• the Income Tax Laws Amendment Bill, which amends the various tax laws to
make sure the government can raise the money it needs to spend during the year
(In which month is the Budget process usually conducted?)

Like other bills, the relevant portfolio committee discusses the Budget bills; in the case
of the Budget, it is the Portfolio Committee on Finance. After the portfolio committee
has discussed the Budget bills and finished its work, the bills are debated in the
National Assembly and a vote is taken. The bills are then sent to the National
Council of Provinces (NCOP) for consideration. Because the Division of Revenue
Bill affects the provinces, the NCOP must be involved in the final decision on
whether it passes into law.

ACTIVITY
Several scholars have described the national legislature as being a very weak
institution. This notion can be derived from the fact that there is only a partial
separation of powers in South Africa; this is evident in the fact that there is an
overlap of the persons in the executive and the legislative branch. The executive
authority dominates the legislative authority. Many scholars are of the opinion that
since 1994 the legislature has been passive and has not been able to effectively
hold the executive authority accountable, but has rather just become an institution
that passes laws which are initiated by the executive authority.

What is your overview of South Africa legislative authority? Do you think that the
national legislature is a passive institution? Can the legislature hold the executive
accountable? Are there exceptions?

Should you wish to read more about the legislature, you can consult the
following publications:

Calland, R. 2006. Anatomy of South Africa: Who holds the power? Cape Town: Zebra Press.
Faure, M. & Lane, J. (eds). 1996. South Africa: designing new political institutions. London:
Sage.

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Websites

Civics Academy. What are MP’s: http://www.civicsacademy.co.za/video/what-are-mps/

Civics Academy. What is the legislature: http://www.civicsacademy.co.za/video/
what-is-the-legislature/

8.6 CONCLUSION
Now that you have worked through this study unit, you should be able to discuss
the procedures and powers of Parliament and the role that each house plays in the
national legislative process. The third branch of the state authority after the legislature
and judiciary is the executive. This is discussed in the next section.

SELF-ASSESSMENT
(1) Which one of the following statements is correct when there is a dispute between
the two houses of Parliament about an ordinary bill affecting the provinces?

(a) It must be referred to the mediation committee.

(b) It should be reconsidered by the National Assembly and can then be
approved with an absolute majority.
(c) It should be referred to the president who can veto it.
(d) The NCOP can unilaterally approve it.

(2) Is the following statement (a) true or (b) false?

The National Council of Provinces represents the interests of the provinces and
is therefore the lower house of Parliament. Its members are directly elected
and do not represent political parties but their provinces – on a proportional
basis in terms of their population sizes.

(3) Which kind of bill can the National Budget be identified with?
(4) Explain how the National Budget is passed.

21 FEEDBACK
(1) (a)
(2) (b)
(3) Section 77 bills or money bills
(4) A money bill is a bill that appropriates money or imposes taxes, levies or duties.
The best example is the National Budget, officially known as the Appropriation
Act. The Appropriation Act is treated similarly to an ordinary bill not affecting
the provinces. The National Assembly therefore has an effective right of veto
on money bills. The National Budget as discussed in the above sections is im-
portant in a democracy, specifically the parliamentary control over the Budget.

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 9 STUDY UNIT 9
9 The national executive – President and
Cabinet

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• discuss the executive sphere of government

• explain how the president is elected and the president’s terms of office
• discuss the presidential powers and limitations
• discuss the role of the cabinet and deputy president
• discuss the provincial executive structures and dynamics

9.1 INTRODUCTION
In the previous study unit, we discussed both houses of Parliament and the process
of making laws of which 90 percent of the bills introduced in Parliament are initiated
by the executive authority. Why should we discuss the executive authority? The
executive’s primary function is to execute the laws made by Parliament; it is also
responsible for the day-to-day administration of the different policies and national
legislation through the different government departments. The executive is also
responsible for the implementation of judicial decisions. The executive authority
operates on the national, provincial and local level. The executive is often referred
to as the government or the cabinet. South Africa has a parliamentary system, which
means that the executive is drawn from Parliament; the executive is also accountable
to Parliament.

We will now discuss the executive authority and how it is constituted.

9.2 THE EXECUTIVE SPHERE OF GOVERNMENT

The executive’s composition is discussed in chapter 5 of the Constitution. The
executive consists of the cabinet, that is, the president, deputy president and the
ministers, and also the deputy ministers, which do not form part of the cabinet, but
are members of the executive. As you may have noted, the executive has a clearly
hierarchical structure; the president, who is elected by the National Assembly, emerges
hegemonic in this structure.

9.3 PARLIAMENTARY VERSUS PRESIDENTIAL SYSTEM

The executive authority is parliamentary by nature. The executive is dependent on the
confidence of the majority in the National Assembly. This means that the president
is elected from the legislature and is responsible to the legislature.

We will now discuss the different aspects of the executive regarding the president
and the cabinet.
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9.4 THE PRESIDENT, ELECTION AND TERM LIMITS

As discussed in the introductory section, South Arica has a parliamentary system
with a president, noting that South Africa has a parliamentary executive. What is
the relationship between the executive and the legislature? The executive and the
legislature are largely institutionally interdependent. According to section 86(1) of the
Constitution, the president is first a Member of Parliament (MP) before becoming
president; the president of the Constitutional Court presides while the National
Assembly of Parliament elects the president at its first sitting after the general election
or whenever a vacancy needs to be filled. Members of the National Assembly are
the only members that are eligible for election to the presidency. According to
constitutional stipulations, the president can only serve two five-year terms of office.

The president ceases to be a MP after he is elected by Parliament as the head of

government and head of state. A member of the president’s party then fills the vacant
seat. The president appoints the deputy president to assist him with his duties as head
of the executive; the president also appoints the ministers and the deputy ministers
from among the National Assembly; the president can select two ministers from
outside the National Assembly. The president assigns the powers and functions of the
deputy president and the ministers. According to section 92(2) of the Constitution,
the deputy president and ministers remain Members of Parliament (MPs) and are
accountable to Parliament both individually and collectively for the exercise of
executive authority and its functions. Cabinet members must provide regular feedback
to Parliament with reports with regard to the matters that they are administering.

Is it possible for the president to be removed from office within the terms of office?
The Constitution, in chapter 5, provides for the removal of the president in section
89, which deals with the removal of the president, and section 102, which deals with
a motion of no confidence.

Section 89 which deals with the removal of the president provides that “the National
Assembly, by a resolution adopted with a supporting vote of at least two-thirds of its
members, may remove the President from office only on the grounds of -

(a) a serious violation of the Constitution or the law;

(b) serious misconduct; or
(c) inability to perform the functions of office.

The Constitution makes no direct reference to the term “impeachment” on this

matter. However, it commonly referred to as an “impeachment”, as it is a legal
instrument because it is a labour dismissal.

Section 102 of the Constitution deals with a motion of no confidence of which

section 102 (1) deals with the removal of the cabinet excluding the president and
102 (2) deals with the removal of the president. Section 102 (1) stipulates that if the
National Assembly, by a vote supported by a simple majority (50 percent+1) of its
members, passes a motion of no confidence in the cabinet excluding the president,
the president must reconstitute the cabinet. However, section 102(2) stipulates that
if the National Assembly, by a vote supported by a majority of its members, passes
a motion of no confidence in the president, the president and the other members of
the cabinet and all the deputy ministers must resign. Section 102 is a political action
of the National Assembly unlike an impeachment.

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The Constitution allows for the president to resign. In such a case, the deputy
president would become acting president and the presidential vacancy must be filled
within 30 days. This situation appeared during the ouster of Thabo Mbeki when the
ANC NEC agreed to “recall” the president. This lead to the resignation of Thabo
Mbeki because of the prospect that the NEC would have instituted a motion of no
confidence in the president.

ACTIVITY
(1) Can you think of an occurrence during which a motion of no confidence
was lodged in Parliament?
(2) Which political party lodged the motion of no confi dence, what was the
outcome and why?

22 FEEDBACK
Please see the following video, which refers to one such a specific example:

https://www.youtube.com/watch?v=ckc0HvBA454

In the above video clip, you will be able to observe how a motion of no confidence
is debated in the National Assembly. The video also exemplifies how a motion of
no confidence in the president is debated in Parliament; the motion was defeated
by 221 votes against 113, with 8 abstentions.

9.5 PRESIDENTIAL POWERS AND LIMITATIONS

As noted earlier, the president is the head of state and head of the national executive.
The executive authority of the Republic is vested in the president. South Africa has
an executive president, which means that the president is the head of state and of
government.

According to section 84 of the Constitution, the president is entrusted with the

power by the Constitution and legislation, including those necessary to perform the
functions of the head of state and head of the national executive. The executive’s
power derives from legislation and the Constitution. The president is responsible
for but not limited to the:

(a) assenting to and signing bills

(b) referring a bill back to the National Assembly for reconsideration of the bill’s
constitutionality
(c) referring a bill to the Constitutional Court for a decision on the bill’s
constitutionality
(d) summoning the National Assembly, the National Council of Provinces or
Parliament to an extraordinary sitting to conduct special business
(e) making any appointments that the Constitution or legislation requires the
president to make, other than as head of the national executive
(f) appointing commissions of inquiry

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9.5.1 Legislative functions

The president is recognised as the head of government and primarily exercises
executive powers; however, the president also exercises legislative powers. In
accordance with section 84(2)(a) of the Constitution, the president must assent all
laws passed by Parliament and has the power to promulgate regulations in terms
of statutes. According to section 79(1) of the Constitution, the president has the
power to refer a bill back to parliament if the president has reservations regarding
the constitutionality of a bill, Parliament can refute the president’s reluctance and
send the bill back for assenting, after which the president can refer the bill to
the Constitutional Court for a decision on the constitutionality of the bill. If the
Constitutional Court rules that the bill is constitutional, the president must assent
to it and the bill is signed into law. It is important to note then that the president
does not have veto power over legislation.

You may have observed that the president often participates in parliamentary debates
where the president actively addresses Parliament or participates in debates; this
forms part of the president’s further legislative functions.

ACTIVITY
Can you remember any bill that the president referred back to Parliament? What
was the reason for the referral?

23 FEEDBACK
Please see the below video which refers to one such a specific example:

https://www.youtube.com/watch?v=seDwrFKgkM0

9.5.2 Judicial functions

In accordance with the Commissions Act and Section 84(2)(f) of the Constitution,
the president has the power to appoint a commission of enquiry. Recent influential
examples of such commissions were the Marikana Judicial Commission of Enquiry
and the Arms Deal Commission. Members of the judiciary are normally tasked to
take on the investigative functions of the executive with certain powers available
to them which may lead to an over concentration of powers in one official. Some
argue that the appointment by the executive of judicial officials can be an abuse of
power, which can undermine the independence of the judiciary.

The president’s judicial function also includes the appointment of the chief justice
of the Constitutional Court, four members of the Judicial Service Commission and
judges. In accordance with section 84(2)(j), the president also has the power to pardon
or reprieve imprisoned offenders.

9.5.3 Limitations
Are there any limitations to the executive authorities’ exercise of power or are the
president and cabinet arbitrarily exercising their powers? The president and cabinet

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exercise of power and authority is limited foremost by the Bill of Rights in the
Constitution and the Constitutional Court. The Constitutional Court has the power
to decide whether Parliament or the president has failed to fulfil a constitutional
obligation. Alternatively, the institutions supporting democracy commonly referred
to as the chapter 9 institutions, like the public protector and the auditor general, limit
the powers of the president and the cabinet by exposing instances where power has
been abused to the public and all relevant stakeholders.

The executive’s powers are limited by a number of other factors. The president and
ministers have to maintain their majority support in Parliament by obliging to the
parliamentary controls in the houses of Parliament, these controls include questions
that are posed to the president and ministers. However, these controls are often very
weak because the majority party outnumbers the opposition in Parliament.

The president is sensitive to accountability, which means that the president is

dependent on the approval and support of the electorate. The president relies on the
organisation of his party to mobilise voters during general elections.

The president’s power over Parliament is limited; the president cannot arbitrarily
dissolve Parliament, only under specific constitutional circumstances. According to
section 51 of the Constitution, Parliament has the power to decide on the timing of
its sittings. It is important to note that in South Africa, the voters do not directly elect
the president; the members of the National Assembly elect him or her. Therefore,
the president must always retain the support of the majority of members of the
Parliament; otherwise the president is forced to resign or can be removed by a vote
of no confidence taken in the National Assembly. Therefore, in some instances it is
important to note the political limits on the powers of the president when appointing
and dismissing members of the cabinet.

9.6 THE CABINET

The cabinet comprises the president, the deputy president and ministers. The
president appoints ministers from the National Assembly to different portfolios or
ministries, which are accountable to the president and Parliament for their activities.
The president can appoint no more than two members from outside the National
Assembly to the cabinet. According to Section 91(2) of the Constitution, “the president
appoints the deputy president and ministers, assigns their powers and functions,
and may dismiss them.” Therefore, the president can dismiss members at his or her
own discretion or delegate members to other portfolios, this is also referred to as a
“cabinet reshuffle”. President Jacob Zuma, for instance, altered the make-up of the
executive 11 times since 2009 till 2017; over this period, a total of 106 changes were
made to the national executive.

It is important to remember that the president exercises executive authority, together

with the other members of the cabinet, by implementing national legislation,
developing and implementing national policy, coordinating the functions of state
departments and administrations; and as indicated previously the preparation and
initiation of legislation.

The members of the cabinet are both individually and collectively responsible and
accountable to Parliament for their actions, functions and performance in national
government. All ministers are expected to administer their departments in accordance
with the national cabinet. Ministers can be obliged to conform to policy or can be

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dismissed by the president. There is no constitutional mechanism for the impeachment

of ministers, meaning that the president has an arbitrary choice to dismiss ministers.

9.7 THE DEPUTY PRESIDENT

The deputy president is appointed by the president from the National Assembly
and his or her term of office is not fixed by law. However, the deputy president’s
term of office can only be ended by one of four constitutional means: dismissal by
the president, a successful motion of no confidence in the president, a successful
motion of no confidence excluding the president, or when a newly elected president
takes office. The deputy president is a member of the cabinet and shares the same
responsibilities; the deputy president primarily assist the president with the functions
of government.

9.8 CONCLUSION
Now that you have worked through this study unit, you should be able to discuss
the procedures and powers of the executive and the functions that the executive
have. In the next section, we will be discussing the provincial and local government.

Should you wish to read more about the executive, you can consult the following
publications and link:

Calland, R. 2006. Anatomy of South Africa: Who holds the power? Cape Town: Zebra Press.
Calland, R. 2013. The Zuma years: South Africa’s changing face of power. Cape Town: Zebra
Press.
PMG. 2017. Structure of Government. [online] Available at: https://pmg.org.za/
page/structure-of-government [Accessed 16 May 2017].

Websites

Civics Academy. Executive: http://www.civicsacademy.co.za/video/executive/

SELF-ASSESSMENT
(1) Discuss the key powers and limitations of the president.
(2) Discuss the idea of impeachment.
(3) Discuss the doctrine of the separation of powers in the context of the ex-
ecutive authority.

24 FEEDBACK
(1) In this discussion, you can included the various powers of the president: signing
bills; referring a bill back to the National Assembly for reconsideration of the
bill’s constitutionality; referring a bill to the Constitutional Court for a decision on
the bill’s constitutionality; summoning the National Assembly, and so forth. You
can also include the legislative powers and judicial functions of the president.
(2) The Constitution makes no direct reference to the term “impeachment” on this
matter. However, it is commonly referred to as an “impeachment”. It is a legal
instrument because it is a labour dismissal. You can make reference to the
removal of the president and all other circumstances where this idea is relevant.

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(3) Firstly, you must discuss the idea of the separation of powers. You have to refer
to all the information relevant for this topic. If it is a topic in which different views
are present, it means that you should provide both sides of the argument. In
other words, bring out both the positives and negatives in your responses. You
must motivate in your discussion whether the national and provincial spheres
of government are held accountable and are responsible for initiating oversight
functions of the executive.

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10 STUDY UNIT 10
10 Provincial and local government

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• discuss the executive sphere of provincial government

• explain how the premier is elected and the premier’s terms of office
• discuss the role of the provincial cabinet (executive council)
• discuss the categories, powers and functions of local government

10.1 INTRODUCTION
Local government is responsible for delivering almost all of the basic services
to communities. Politicians like ward councillors are responsible for the provision
of basic services. Therefore, local government is the sphere of government that is
nearest to the people. In South Africa, many policies focus on local government,
especially the role that local government should play in terms of addressing local issues.

10.2 THE PROVINCIAL EXECUTIVE

In South Africa, there are nine provincial governments. In the previous study
unit, we discussed the national executive. It is important, however, to note that in
addition to the national executive, there is also a provincial executive structure. The
provincial executive’s functions resemble that of the national executive. Chapter 6
of the Constitution outlines the structure and functions of provincial government.

10.3 THE PREMIER, ELECTION AND TERM LIMITS

In South Africa the provincial executive is called the Executive Council, which is
headed by a premier and can be found in each of the nine provinces in South Africa.
The term of office of the premier is normally five years with a two-term limit. The
premier can be removed by the legislature with a motion of no confidence.

According to section 133(2) of the Constitution, “members of the Executive Council

of a province are accountable collectively and individually to the legislature for the
exercise of their powers and the performance of their functions”.

The Executive Council is made up of Members of the Executive Councils (MECs),

which are accountable to the provincial legislatures in the same manner as the
cabinet is to Parliament. The provincial executive is structured in accordance with
the parliamentary system.

The members of the provincial legislature (MPLs) elect the premier from among
themselves at the first sitting after the provincial election. The premier is usually

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the provincial leader of the majority party. In the same manner as Parliament, the
premier then appoints up to ten MECs from among the MPLs.

According to the Section 128 of the Constitution:

(1) At its first sitting after its election, and whenever necessary to fill a vacancy, a
provincial legislature must elect a woman or a man from among its members
to be the premier of the province.
(2) A judge designated by the chief justice of the Constitutional Court must preside
over the election of the premier. The procedure set out in Part A of Schedule
3 applies to the election of the premier.
(3) An election to fi ll a vacancy in the office of premier must be held at a time
and on a date determined by the chief justice of the Constitutional Court, but
not later than 30 days after the vacancy occurs.

ACTIVITY
Do you know whom the premier is in the province where you reside?

25 FEEDBACK
As of 2017:

• Premier of the Eastern Cape: Phumulo Masualle (ANC)

• Premier of the Free State: Ace Magashule (ANC)
• Premier of Gauteng: David Makhura (ANC)
• Premier of KwaZulu-Natal: Willies Mchunu (ANC)
• Premier of Limpopo: Stanley Mathabatha (ANC)
• Premier of Mpumalanga: David Mabuza (ANC)
• Premier of North West: Supra Mahumapelo (ANC)
• Premier of the Northern Cape: Sylvia Lucas (ANC)
• Premier of the Western Cape: Helen Zille (DA)

The MECs are accountable to the premier and responsible for provincial depart-
ments, which deal with affairs that only provinces are allowed to govern; some
affairs are shared with national government. The provincial departments employ
directors and the various civil servants who work for the government. Provincial
departments employ the majority of civil servants. The MECs are responsible for
the affairs contained in the constitution and which consist normally of the following:

• agriculture
• arts and culture
• economic development
• education
• environmental affairs
• finance
• health
• human settlements
• local government
• police or public safety
• public works
• roads and transport
• social development

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• sport and recreation

• tourism

What is the relationship between national government and provincial govern-

ment? There are no formal arrangements that facilitate intergovernmental rela-
tions between the provincial and national executive. The ministers from national
government and the MECs meet informally in what is known as the Ministers and
Members of the Executive Council (MinMEC). This informal arrangement provides
a platform for the minister of a specific portfolio in government to meet with the
nine provincial MECs that deal with the same portfolio.

10.4 PROVINCIAL LEGISLATURE

10.4.1 Proceedings of the provincial legislature

According to the Constitution, the legislative authority is vested in the legislatures
of the provinces. Each province has a unicameral or single-chamber provincial
legislature which can vary in size from 30 to 80 members depending on the size of
the population in the province. The members of the provincial legislature are elected
by party-list proportional representation every five years during the national and
provincial elections. However, it is important to note that under certain circumstances
the legislature may be dissolved before its term expires.

ACTIVITY
Can you identify which parties won the majority of seats in the nine provinces in
South Africa during the 2014 national and provincial election?

26 FEEDBACK
Other
Legislature Total
ANC DA EFF IFP Parties
Eastern Cape Provincial Legislature 45 10 2 0 6 63
Free State Legislature 22 5 2 0 1 30
Gauteng Provincial Legislature 40 23 8 1 1 73
KwaZulu-Natal Legislature 52 10 2 9 7 80
Limpopo Legislature 39 3 6 0 1 49
Mpumalanga Provincial Legislature 24 3 2 0 1 30
North West Provincial Legislature 23 4 5 0 1 33
Northern Cape Provincial Legislature 20 7 2 0 1 30
Western Cape Provincial Parliament 14 26 1 0 1 42

The African National Congress (ANC) won a majority in eight of the provinces,
and the Democratic Alliance (DA) won a majority in the Western Cape.

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10.4.2 Powers and functions of the provincial legislatures

Many provincial laws are approved by provincial legislatures. The provincial
legislatures are responsible for passing the provincial budget each year. According
to section 104 of the Constitution, a provincial legislature has the authority to:

(a) pass a constitution for its province or to amend any constitution passed by it
(b) (i) any matter within a functional area listed in Schedule 4;
(ii) any matter within a functional area listed in Schedule 5;
(iii) any matter outside those functional areas, and that is expressly assigned
to the province by national legislation; and
(iv) any matter for which a provision of the Constitution envisages the
enactment of provincial legislation; and
(c) to assign any of its legislative powers to a Municipal Council in that province.

In our earlier discussion regarding the intergovernmental relations of government,

we mentioned that the Constitution establishes a hierarchy between the national,
provincial and local government. This is important when we discuss the legislative
powers of the provinces. The National Assembly can pass legislation on any matter,
even if the matter is listed in Schedule 4 and 5 of the Constitution. According to
section 44 (2) of the Constitution, Parliament may pass legislation in regard to a
matter falling within a functional area listed in Schedule 5, when it is necessary:

(a) to maintain national security

(b) to maintain economic unity
(c) to maintain essential national standards
(d) to establish minimum standards required for the rendering of services
(e) to prevent unreasonable action taken by a province which is prejudicial to the
interests of another province or to the country as a whole

The powers of provincial government are listed in Schedule 4 and 5 of the Constitution;
any of the powers not listed here is the responsibility of national government, also
known as residual powers. The areas listed in Schedule 4 of the Constitution are
the concurrent national and provincial legislative powers. Both the national and
provincial spheres of government can perform these functions. Below is complete
list of all the Schedule 4 functions:

Part A Part B

• Administration of indigenous forests • Air pollution

• Agriculture • Building regulations
• Airports other than international and • Child care facilities
national airports • Electricity and gas reticulation
• Animal control and diseases • Fire-fi ghting services
• Casinos, racing, gambling and wagering, • Local tourism
excluding lotteries and sports pools • Municipal airports
• Consumer protection • Municipal planning
• Cultural matters • Municipal health services
• Disaster management • Municipal public transport
• Education at all levels, excluding • Municipal public works only in respect
tertiary education of the needs of municipalities in the
• Environment discharge of their responsibilities to
administer

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Part A Part B

• Health services functions specifi cally assigned to them

• Housing under this Constitution or any other law
• Indigenous law and customary law • Pontoons, ferries, jetties, piers and
• Industrial promotion harbours, excluding the regulation of
• Language policy and the regulation of international and national shipping and
offi cial languages matters related there to
• Media services • Storm-water management systems in
• Nature conservation, excluding national built-up areas
parks, national botanical gardens and • Trading regulations
marine resources • Water and sanitation services limited
• Police to the extent that the provisions to potable water supply systems and
of Chapter 11 of the Constitution domestic wastewater
confer upon the provincial legislatures • Sewage disposal systems
legislative competence
• Pollution control
• Population development
• Property transfer fees
• Provincial public enterprises
• Public transport
• Public works
• Regional planning and development
• Road traffi c regulation
• Soil conservation
• Tourism
• Trade
• Traditional leadership, subject to
Chapter 12 of the Constitution
• Urban and rural development
• Vehicle licensing
• Welfare services

The areas listed in Schedule 5 of the Constitution are the exclusive provincial legislative
powers. Below is complete list of all the Schedule 5 functions:

Part A Part B

• Abattoirs • Beaches and amusement facilities

• Ambulance services • Billboards and the display of
• Archives other than national archives advertisements in public places
• Libraries other than national libraries • Cemeteries, funeral parlours and
• Liquor licences crematoria
• Museums other than national museums • Cleansing
• Provincial planning • Control of public nuisances
• Provincial cultural matters • Control of undertakings that sell liquor
• Provincial recreation and amenities to the public
• Provincial sport • Facilities for the accommodation, care
• Provincial roads and traffi c and burial of animals
• Veterinar y ser vices, excluding • Fencing and fences
regulation of the profession • Licensing of dogs
• Licensing and control of undertakings
that sell food to the public

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Part A Part B

• Local amenities
• Local sport facilities
• Markets
• Municipal abattoirs
• Municipal parks and recreation
• Municipal roads
• Noise pollution
• Pounds
• Public places
• Refuse removal, refuse dumps and solid
waste disposal
• Street trading
• Street lighting
• Traffi c and parking

Provincial government is, however, more focused on the Schedule 4 functional

areas of government, which they exercise concurrently with national government.
According to the Constitution, the legislature has the power to:

(a) consider, pass, amend or reject any bill before the legislature; and
(b) initiate or prepare legislation, except money bills.

As with the national legislature, the executive initiates the majority of the legislation in
the legislature, except for money bills, which are introduced by the MEC responsible
for the financial portfolio.

10.4.3 Provincial legislature’s oversight function

Provincial legislatures provide mechanisms to ensure that all executive organs of state
in the provincial spheres of government are held accountable and are responsible
for initiating oversight functions of the executive. The executive is accountable to
the legislative arm as required by sections 92(2) and 133(2) of the Constitution.
The Members of the Executive Councils (MECs) must act in accordance with the
Constitution by the provincial legislatures with regular reports in relation to their
portfolios. The provincial legislature oversight mandate is outlined in section 114(2)
of the Constitution which stipulates that a provincial legislature must provide for
mechanisms that:

• ensure that all provincial executive organs of state in the province are accountable
to it
• maintain oversight of the exercise of provincial executive authority in the province,
including the implementation of legislation; and any provincial organ of state.

The oversight mandate of a provincial legislature is premised on the principle of checks

and balances: the legislature, as other branches of government, are entrusted with
powers; one of the legislature functions is to keep a check on the executive authority
so that the equilibrium in the separation and distribution of powers is maintained.

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Should you wish to read more about the provincial government, you can
consult the following publications and links:

Holtzhausen, N. 2017. Provincial government in South Africa. In: Landsberg, C

& Graham, S. (ed.). Government and Politics In South Africa–Coming Of Age. 5th
edition. Pretoria: Van Schaik.

10.5 LOCAL GOVERNMENT

10.5.1 The framework and structure of local government

Local government is often described as a complex feature of South Africa’s political
system. However, in this section we will briefly discuss local government in terms
of its framework and what its role and powers are.

Local government is by nature associated with how municipalities govern local affairs,
the composition of municipalities and the types of municipalities. The framework
of local government is governed by chapter 7 of the Constitution and a number of
pieces of legislation:

• White Paper on Local Government, 1998

• The Municipal Systems Act, 32 of 2000
• The Municipal Structures Act, 117 of 1998
• Municipal Electoral Act, 2000
• Local Government Turnaround Strategy, November 2009

10.5.2 Categories and types of municipalities

South Africa is divided into local municipalities. However, there are three different
types of municipalities in South Africa. According to the Municipal Structures Act,
South Africa is divided into three kinds of municipalities, that is:

• category A or metropolitan municipalities

• category B or local municipalities
• category C or district municipalities

South Africa is divided into 278 separate municipalities. All South Africans live
either in a metropolitan municipality or a non-metropolitan municipality. In South
Africa, the largest metropolitan areas are governed by category A or metropolitan
municipalities, which are “stand-alone” municipalities and the only local government
in the area. The six biggest and most populated cities in South Africa, namely
Johannesburg, Cape Town, Durban, Pretoria, Port Elizabeth, Bloemfontein, East
Rand, and East London are part of the metropolitan municipalities while the rest
of the areas in the country are divided into district municipalities.

The metropolitan municipalities are known as “metros” (also known as unicities or

megacities). The metros are responsible for the administration of urban areas and
service delivery. Metros are divided into wards and managed by the metropolitan
council.

The district council consists of several local municipalities. District councils

share powers with local councils operate in the same area; however, metropolitan

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municipalities do not share the same powers with district councils. The South African
local government consists of eight metropolitan municipalities:

• Buffalo City (East London)

• City of Cape Town
• Ekurhuleni Metropolitan Municipality (East Rand)
• City of eThekwini (Durban)
• City of Johannesburg
• Mangaung Municipality (Bloemfontein)
• Nelson Mandela Metropolitan Municipality (Port Elizabeth)
• City of Tshwane (Pretoria)

The non-metropolitan municipalities in South Africa are made up of category C

or district municipalities and category B or local municipalities, and are divided
into 44 district and 205 local municipalities; each one is divided into wards. Local
municipalities are in smaller cities and towns with smaller populations. These local
municipalities make up one district.

There are usually four to six local municipalities in a district council. District
municipalities’ main functions include:

• coordinating the activities of the local municipalities in its area

• supporting local municipalities
• providing municipal services

All of the municipalities in South Africa are governed by municipal councils, which
are elected during local government elections. An executive committee, elected
executive mayor and a municipal manager manage most of these municipal councils.

ACTIVITY
What kind of municipality do you reside in? Do you know who your councillor is?

27 FEEDBACK
If not, refer to the IEC website and follow the prompts to identify your councillor.

https://www.elections.org.za/content/For-Voters/Who-is-my-Ward-Councillor-/

10.5.3 Powers and functions of municipalities

Municipalities have various powers and functions; these powers and functions can
be found in Schedule 5, Part B of the Constitution:

• Beaches and amusement facilities

• Billboards and the display of advertisements in public places
• Cemeteries, funeral parlours and crematoria
• Cleansing
• Control of public nuisances
• Control of undertakings that sell liquor to the public
• Facilities for the accommodation, care and burial of animals

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• Fencing and fences

• Licensing of dogs
• Licensing and control of undertakings that sell food to the public
• Local amenities
• Local sport facilities
• Markets
• Municipal abattoirs
• Municipal parks and recreation
• Municipal roads
• Noise pollution
• Pounds
• Public places
• Refuse removal, refuse dumps and solid waste disposal
• Street trading
• Street lighting
• Traffic and parking

10.6 MUNICIPAL COUNCILS

South Africa is divided into local municipalities; all municipalities have a council
where elected members make decisions regarding the affairs of the municipality.
Municipal councils are responsible for a range of functions and powers:

• pass by-laws
• approve budgets and development plans
• impose rates and other taxes
• charge service fees
• impose fines
• borrow money
Council has to pass a municipality budget every year, parallel to other spheres of
government. An important aspect of councils’ work is to decide on developmental
plans, which determines how development takes place in the area of the municipality.
This is referred to as the integrated development plan (IDP). Councils make most
of these decisions in full council meetings, or in council committees, where only
specific issues are discussed by a few councillors.
A mayor who is elected by the council manages the council. An executive or
mayoral committee, made up of councillors, aids the mayor with governing the
municipality. The mayor and the executive or mayoral committee oversee the
municipal manager and the department heads. You will now realise that a municipal
manager assisted by other officials coordinates the work of council, this collective
is called the municipal administration, which are responsible for implementing the
decisions approved by council.

10.6.1 The structure of councils

According to the Municipal Structures Act, all councils consist of the following
structure:

• a mayor
• an executive or mayoral committee
• a speaker
• council meetings
• committees

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It is important to note that there are different types of mayors, executives

and committees; every province can have a different structure. The MEC for
local government in every province decides the structures type that is used by
councils in that province. Before we continue our discussion, it is important that
you make a distinction between the council and the executive. As we discussed in
the previous section, the elected members can be found in the council, while the
executive committee is responsible for the executive functions.

ACTIVITY
Do you know what type of structure is used in the council where you reside?

28 FEEDBACK
You can consult your local municipalities’ website and check what type of council
is used in your area.

Every council has a mayor and an executive; we will very briefly discuss the dif-
ferent types of structures as follows:

• Mayoral executive
• Collective executive
• Plenary executive

10.6.2 Mayoral executive

Almost all councils in South Africa use the mayoral executive type council.
The complete council elects the executive mayor. The executive mayor appoints a
mayoral committee. The mayoral committee assists the mayor in making decisions,
proposals and plans which council has to approve. The council can assign executive
powers to the executive mayor. In essence, the executive mayor resembles the president
at local level and the mayoral committee functions as a cabinet. The council elects
a speaker to act as the chairperson of council meetings.

10.6.3 Collective executive

The collective executive can also be found in some municipalities in South Africa.
The collective executive determines that council elects both the mayor and the
executive committee; therefore, the executive can be composed of representatives from
different political parties. The municipal council uses a proportional representation
system, which means the executive usually reflects the composition of the council
proportionally. The mayor chairs the executive committee. The municipal council
assigns executive powers to the executive committee; the council also elects the
speaker.

10.6.4 Plenary executive

The plenary executive system is only used in small municipalities. In contrast to
the collective executive and mayoral executive system, a mayor is also elected in the

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plenary executive system but there is no executive or speaker. Council meetings are
chaired by the mayor and the municipal council has the power to make decisions,
deliver proposals and make plans. The plenary of the council acts as the executive.

10.6.5 Council committees

As you may have noticed, most decisions or plans that are made have to be approved
by the council. Councils have council committees that focus on specific areas or
issues. After working on these issues or areas, these council committees make
recommendations to council. There are mainly three types of committees:

• Portfolio committees

These committees focus on particular departments in the municipality, for instance

the health committee or finance committee. The mayoral committee considers
reports of the portfolio committees and submits them to the council for approval.

• Geographically-based committees

These committees are self-explanatory, as they deal with issues in a specific area.
These types of committees are found in large metropolitan municipalities.

• Issue-related committees

These committees deal with issues that involve members from different committees.

• Other committees

– Section 80 committees – These are permanent committees, set up to work on

specific areas of interest with greater decision-making powers.
– Section 79 committees – These committees are usually temporary and have
investigative roles.

• Ward committees

Ward committees are advisory bodies; these committees only make recom-
mendations to the municipal council and not all wards have committees. A
ward committee comprises a ward councillor and a maximum of ten people
who are elected on a voluntarily five-year term. Ward committees are set up to
encourage participation by the community, and to create a communication chan-
nel between the community and the council.

Should you wish to read more about the local government, you can consult
the following publications:

Siddle, A. 2013. Failure of decentralisation in South African local government. Cape Town:
Juta Academic.
The Municipal Systems Act, 32 of 2000
The Municipal Structures Act, 117 of 1998
Municipal Electoral Act, 2000

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10.7 CONCLUSION
Now that you have worked through this study unit, you should be able to discuss
the dynamics of provincial and local government and the role of each sphere of
government. In the next section, we will be discussing the institutions that support
constitutional democracy.

SELF-ASSESSMENT
(1) Discuss the role and functions of the municipality in the area where you reside
in South Africa.
(2) Briefly discuss the types of structures in relation to the role of the mayor and
the executive makeup. Briefly discuss the elections of the premier and the
prescribed term limits.
(3) Discuss the relationship between national government and provincial
government.

29 FEEDBACK
(1) South Africa is divided into local municipalities. However, there are three dif-
ferent types of municipalities in South Africa; it depends on the area you reside
in: Category A or metropolitan municipalities, category B or local municipalities
and category C or district municipalities. The type of municipality determines
its roles and functions. It is important to note that district councils share pow-
ers with local councils and operate in the same area; however, metropolitan
municipalities do not share the same powers with district councils.
(2) Every council has a mayor and an executive; mayoral executive, collective ex-
ecutive and plenary executive. You have to refer to all the information relevant
for this topic. If it is a topic in which different views are present, it means that
you should provide both sides of the argument. In other words, bring out both
the positives and negatives in your responses.
(3) In South Africa, the provincial executive is called the executive council, which
is headed by a premier and can be found in each of the nine provinces in
South Africa. The term of office of the premier is normally five years with a
two-term limit. The premier can be removed by the legislature with a motion
of no confidence. You have to refer to all the information relevant for this topic.
If it is a topic in which different views are present, it means that you should
provide both sides of the argument. In other words, bring out both the positives
and negatives in your responses.

The Constitution establishes a hierarchy between the national, provincial and

local government. This is important when we discuss the legislative powers of
the provinces. The National Assembly can pass legislation on any matter, even
if the matter is listed in Schedule 4 of the Constitution. According to section
44(2) of the Constitution, Parliament may pass legislation in regard to a matter
falling within a Schedule 5. The powers of provincial government are listed in
Schedule 4 and 5 of the Constitution; any of the powers not listed here is the
responsibility of national government, also known as residual powers. If it is
a topic in which different views are present, it means that you should provide
both sides of the argument. In other words, bring out both the positives and
negatives in your responses.

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11 STUDY UNIT 11
11 The chapter nine institutions

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• discuss how each of the institutions promote constitutional democracy.

11.1 INTRODUCTION
The chapter nine institutions are created in chapter 9 of the Constitution. The
Constitution explains that they are “state institutions supporting constitutional
democracy”; the chapter nine institutions are coupled with oversight functions as
an independent body. Furthermore, the chapter nine institutions are independent of
government and must be impartial; they must “exercise their powers and perform
their functions without fear, favour or prejudice”.

The leaders and senior personnel of these institutions are chosen by Parliament; they
also are accountable to the National Assembly and have to submit reports on their
activities and performances. It should be noted that in most cases the successes of
these institutions are dependent on the leaders of these institutions. These institutions
often become politicised because the appointees are appointed by Parliament.

These institutions have wide ranging functions; the office of the Public Protector,
for instance, can investigate various claims made by the public, while the Electoral
Commission focuses on managing elections.

In the following sections, we will be discussing the six chapter nine institutions,
which include the following:

• The Public Protector

• The South African Human Rights Commission (SAHRC)
• The Commission for the Promotion and Protection of the Rights of Cultural,
Religious and Linguistic Communities (CPPRCRLC)
• The Commission for Gender Equality (CGE)
• The Auditor-General
• The Electoral Commission (IEC)

11.2 THE PUBLIC PROTECTOR

The Public Protector is often described as the “public ombudsman” because of its
mandate; it can investigate any government entity. The Public Protector investigates
misconduct in any state affairs and all spheres of government. The mandate of the
Public Protector is to strengthen constitutional democracy by:

• investigating and redressing improper and prejudicial conduct

• investigating maladministration and abuse of power in state affairs

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• resolving administrative disputes or rectifying any act or omission in administrative

conduct through mediation
• conciliation or negotiation
• advising on appropriate remedies or employing any other expedient means
• reporting and recommending
• advising and investigating violations of the Executive Members Ethics Act of 1994
• resolving disputes relating to the operation of the Promotion of Access to
Information Act of 2000

The Public Protector investigates complaints received from the public, but cannot
investigate any court decisions. The Public Protector is not a regulatory body with
legal powers, but it has the power to hold hearings and subpoena persons. The
Public Protector is accountable to Parliament and is appointed by the President for
a non-renewable period of seven years.

The most notable aspect of the Public Protector’s activities is the investigative reports;
these reports are open to the public and accessible to anyone. The most significant
was Public Protector Thuli Madonsela’s reports “Secure in comfort” (2014) and the
“State of Capture” (2016). The first report revealed that public funds were used at
President Jacob Zuma’s private residence. The report concluded that President Jacob
Zuma unduly benefited from these improvements.

Should you wish to read more about the Public Protector, you can consult the
following publications and link:

Legislation and documents

Constitution of the Republic of South Africa Act 108 of 1996

Public Protector Act 23 of 1994
Executive Members Ethics Act 82 of 1998
Promotion of Access to Information Act 2 of 2000 (PAIA)
Electoral Commission Act 51 of 1996
Special Investigation Units and Special Tribunals Act 74 of 1996

Website:

Public Protector: http://www.pprotect.org/

11.3 THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION (SAHRC)

The South African Human Rights Commission (SAHRC) is mandated by the
Constitution to investigate and monitor human rights violations in South Africa.

According to Section 184 of the Constitution, the South African Human Rights
Commission must –

• promote respect for human rights and a culture of human rights

• promote the protection, development and attainment of human rights
• monitor and assess the observance of human rights in the Republic

The Commission’s powers are regulated by national legislation, and include the
following powers:

• investigate and report on the observance of human rights;

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• take steps and secure appropriate redress where human rights have been violated;
• carry out research; and
• educate.

The Commission requires of the relevant organs of state to provide the Commission
with information on the measures that they have taken towards the realisation of
the rights in the Bill of Rights concerning housing, healthcare, food, water, social
security, education and the environment every year.

The Commission is located in Gauteng and has offices throughout South Africa.
The Human Rights Commission is headed by commissioners, who provide guidance
in developing the vision of the institution by setting its priorities and ensuring
that its policies, programmes and allocated resources are consistent with their
vision. The commissioners are the public face of the Commission, representing
the organisation at national, regional and international arena. The Human Rights
Commission Act provides that no less than five commissioners may be appointed;
there is no maximum stipulation of how many commissioners may be appointed.
At the time of writing, seven new commissioners were appointed for a period of
seven years from 3 January 2017. The commissioners are appointed by the president
on the recommendation of the National Assembly for a maximum of seven years,
which is renewable once.

Should you wish to read more about the SAHRC, you can consult the following
publications and links:

Legislation and documents

Constitution of the Republic of South Africa Act 108 of 1996

The South African Human Rights Commission Act of 2013
Human Rights Commission Act (No. 54 of 1994)

Websites

South African Human Rights Commission: http://www.sahrc.org.za

About the South African Human Rights Commission:
https://www.youtube.com/watch?time_continue=51&v=7hY7_yI7QhU

11.4 THE COMMISSION FOR THE PROMOTION AND PROTECTION

OF THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC
COMMUNITIES (CPPRCRLC)
The Commission’s primary activity relates to the monitoring, investigation,
research, education, lobbying, advising and reporting on issues concerning the
rights of cultural, religious and linguistic communities in South Africa.

Furthermore, according to the Constitution, the Commission’s objectives are:

• to promote respect for the rights of cultural, religious and linguistic communities
• to promote and develop peace, friendship, humanity, tolerance and national unity
among cultural, religious and linguistic communities, on the basis of equality,
non-discrimination and free association; and
• to recommend the establishment or recognition, in accordance with national
legislation, of a cultural or other council or councils for a community or communities
in South Africa.

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The Commission For The Promotion And Protection of The Rights of Cultural,
Religious and Linguistic Communities Act provides that the president appoints a
chairperson in terms of section 12 of the constitution; the Act also provides that
no less than 11 and no more than 17 other members are appointed by the president.

In terms of the Act, the composition of the Commission must-

• be broadly representative of the main cultural, religious and linguistic communities

in South Africa;
• broadly reflect the gender composition of South Africa
• collectively possesses sufficient knowledge and experience concerning issues
of communities in South Africa relevant to (i) the promotion and protection of
the rights of cultural, religious and linguistic communities and (ii) nation-building

Should you wish to read more about the CPPRCRLC, you can consult the
following publications and link:

Legislation and documents

Constitution of the Republic of South Africa Act 108 of 1996

Protection of the Rights of Cultural, Religious and Linguistic Communities Act of
2002.

Website

The Commission for the Promotion and Protection of the Rights of Cultural,
Religious and Linguistic Communities: http://www.crlcommission.org.za/

11.5 THE COMMISSION FOR GENDER EQUALITY (CGE)

The Commission for Gender Equality (CGE) promotes gender equality through
various means. The Commission’s main functions include:

• monitoring and evaluating the policies and practices of government, the private
sector and other organisations to ensure that they promote and protect gender
equality
• public education and information
• reviewing existing and upcoming legislation from a gender perspective
• investigating inequality
• commissioning research and making recommendations to parliament or other
authorities
• investigating complaints on any gender-related issue
• monitoring and/or reporting on compliance with international conventions

According to the Commission on Gender Equality Act, the Commission is composed

of a chairperson and no fewer than seven and no more than 11 members.

According to the Act, a commissioner must be a person with a record of commitment

to the promotion of gender equality; and with relevant knowledge and experience in
this field. How are commissioners appointed? Commissioners are nominated by the
public and interviewed by a parliamentary committee, which makes recommendations
to the president. The commissioner is appointed by the president for a fixed term
not exceeding five years, and is renewable for one term.

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Should you wish to read more about the CGE, you can consult the following
publications and link:

Legislation and documents

Constitution of the Republic of South Africa Act 108 of 1996

Commission on Gender Equality Act 39 of 1996

Website

Commission on Gender Equality: http://www.cge.org.za/

11.6 THE AUDITOR-GENERAL

The Auditor-General of South Africa (AGSA) reports on the finances of government
at all levels and has the power to audit any taxpayer-funded entity.

The functions of the Auditor-General are prescribed in section 188 of the Constitution
and further regulated in the Public Audit Act of 2004. According to section 188
of the Constitution, the Auditor-General must audit and report on the accounts,
financial statements and financial management of

• all national and provincial state departments and administrations;

• all municipalities; and
• any other institution or accounting entity required by national or provincial
legislation to be audited by the Auditor-General.

Furthermore, the Auditor-General must submit audit reports to any legislature that
has a direct interest in the audit, and to any other authority prescribed by national
legislation. The Auditor-General annually produces audit reports on all government
departments, public entities, municipalities and public institutions. All reports must
be made public.

The Auditor-General’s head office is located in Pretoria and the Auditor-General

is appointed for a fixed, non-renewable term of between five and ten years. The
important aspect regarding the structure of the Auditor-General is that the Auditor-
General is not reliant on the executive for its funding. The office of the Auditor-
General is self-reliant and funds itself by charging fees for its services; this aspect
is important because it enhances its political independence. Other chapter nine
institutions are reliant on the executive for its funding, which influences their
political independence.

Should you wish to read more about the, AGSA you can consult the following
publications and link:

Legislation and documents

Constitution of the Republic of South Africa Act 108 of 1996
Public Audit Act (PAA) 25 of 2004

Website

Auditor-General of South Africa: https://www.agsa.co.za/

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11.7 THE ELECTORAL COMMISSION (IEC)

The Electoral Commission of South Africa is commonly referred to as the Independent
Electoral Commission of South Africa (IEC). The Electoral Commission of South
Africa is responsible for managing elections. The IEC is South Africa’s election
management body (EMB); it is responsible for the management and facilitation of
all of South Africa’s elections.

11.7.1 Functions, duties and composition of the Electoral Commission

According to section 191 of the Constitution, the Electoral Commission “must
be composed of at least three persons. The number of members and their terms
of office must be prescribed by national legislation.” The Electoral Commission
is composed of five members, one of whom must be a judge. The president, on
the recommendation of the National Assembly, must appoint the members of the
Electoral Commission. Commissioners are appointed for a period of seven years
unless the president, on the recommendation of the National Assembly, extends the
term for a particular period.
According to section 190 of the Constitution, the main function of the Electoral
Commission is that it must:

• manage elections of national, provincial and municipal legislative bodies;

• ensure that those elections are free and fair;
• declare the results of those elections; and
• compile and maintain a voters’ roll.

Furthermore, section 5 of the Electoral Commission Act 1996 requires that the
Electoral Commission:

• compile and maintain a register of parties;

• undertake and promote research into electoral matters;
• develop and promote the development of electoral expertise and technology in
all spheres of government;
• continuously review electoral laws and proposed electoral laws, and make
recommendations;
• promote voter education;
• declare the results of elections for national, provincial and municipal legislative
bodies within seven days; and
• appoint appropriate public administrations in any sphere of government to conduct
elections when necessary.

Since the electoral commission’s establishment in 1996, it has successfully managed

all national, provincial and municipal election in a free and fair manner. The
electoral commission has been regarded as an impartial and professional institution
that maintains a high level of electoral integrity.

Should you wish to read more about the IEC, you can consult the following
publications and links:

Legislation and documents

Constitution of the Republic of South Africa Act 108 of 1996
Electoral Commission Act 51 of 1996
Electoral Act 73 of 1998

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Websites

Civics Academy. Free and fair elections: http://www.civicsacademy.co.za/video/

free-and-fair-elections/
The Electoral Commission of South Africa http://www.elections.org.za/content/
IEC. Annual reports http://www.elections.org.za/content/About-Us/
IEC-Annual-Reports/
Electoral Integrity: https://www.electoralintegrityproject.com/
The ACE Electoral Knowledge Network-South Africa: http://aceproject.org/
regions-en/countries-and-territories/ZA/default?set_language=en

11.8 CONCLUSION
Now that you have worked through this study unit, you should be able to discuss
the chapter nine institutions and the role and functions of institutions supporting
democracy. In the next section, we shall be discussing traditional leadership which
is often referred to as the “fourth tier of government”.

SELF-ASSESSMENT
(1) List all of the chapter nine institutions and briefly discuss them.
(2) Which chapter nine institutions would you consider to be the most independ-
ent? Motivate your answer.
(3) Which of the following chapter nine institutions does parliament not fund?

(a) The Electoral Commission of South Africa (IEC)

(b) The Traditional Authority of South Africa
(c) The Auditor-General of South Africa (AGS)
(d) The Commission for Gender Equality (CGE)

30 FEEDBACK
(1) The Public Protector
The South African Human Rights Commission (SAHRC)
The Commission for the Promotion and Protection of the Rights of Cultural,
Religious and Linguistic Communities (CPPRCRLC)
The Commission for Gender Equality (CGE)

The Auditor-General
The Electoral Commission (IEC)

You have to refer to all the information relevant for this topic. If it is a topic in
which different views are present, it means that you should provide both sides
of the argument. In other words, bring out both the positives and negatives in
your responses.

(2) This question depends on the timeframe and the leadership of the institution.
For instance, the Public Protector was never really considered as an independ-
ent or serious institution until Advocate Thuli Madonsela became the Public
Protector. The IEC has been perceived to be profoundly independent on the
public’s opinion. However, some institutions like the Auditor-General and the
Public Protector have constitutional safeguards that guarantee a certain amount
of independence from political interference.
(3) (c)

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12 Traditional authority

On completion of this unit, you should be able to:

• discuss traditional leadership in South Africa as an institution

• explain statuary powers and functions of traditional leadership
• discuss traditional leadership and democracy
• discuss the nature of traditional authority

12.1 INTRODUCTION
In our earlier discussions, we focused on the constitutional reform in South Africa
after apartheid. An important dynamic of South Africa’s democratisation was the
recognition and protection of traditional leadership and the role that it will play in
a post-apartheid society. This was part of a demand for African symbolism, which
was suppressed, manipulated and exploited by successive colonial and apartheid
governments.

In South Africa, traditional leadership exercises a range of governmental functions,

which range from service delivery, law and order to the allocation of tribal land
which are held in trusts. It is important to note that traditional leadership is subject
to national government; however, traditional leaders provide a system of localised
government to many communities. This is an important factor when considering
that almost 36 percent of all citizens are currently permanently rural residents, where
the communities embrace traditional values.

ACTIVITY
Can you think of a traditional leader in your area? What do you think is the role of
that traditional leader in your area?

12.2 THE INSTITUTION OF TRADITIONAL AUTHORITY IN SOUTH

AFRICA
Traditional leadership is a recognised leadership institution; its existence is governed
by a number of pieces of legislation:

• Chapter 12 of the Constitution

• The Traditional Leadership and Governance Framework Act (No 41 of 2003 as
amended)
• The Local Government: Municipal Structures Act(No 117 of 1998)
• Other secondary provincial legislation

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Chapter 12 of the Constitution recognises and prescribes the role for traditional
leadership in local government. According to section 211 of the Constitution:

(1) The institution, status and role of traditional leadership, according to custom-
ary law, are recognised, subject to the Constitution.
(2) A traditional authority that observes a system of customary law may function
subject to any applicable legislation and customs, which includes amendments
to, or repeal of, that legislation or those customs.
(3) The courts must apply customary law when that law is applicable, subject to
the Constitution and any legislation that specifically deals with customary law.

In section 212 of the Constitution, the role of traditional leadership is underwritten

as follows:

(1) National legislation may provide for a role for traditional leadership as an
institution at local level on matters affecting local communities.
(2) To deal with matters relating to traditional leadership, the role of traditional
leaders, customary law and the customs of communities observing a system
of customary law:

(a) national or provincial legislation may provide for the establishment of

houses of traditional leaders; and
(b) national legislation may establish a council of traditional leaders.

The Traditional Leadership and Governance Framework Act (No 41 of 2003 as

amended) as well as other secondary provincial legislation recognise the positions
and structures of traditional leadership. While the National House of Traditional
Leaders (NHTL) Act (No 22 of 2009) as well as other secondary provincial legislation
provide for the establishment of houses of traditional leaders. The National House
of Traditional Leaders (NHTL) is a statuary body that represents the institution of
traditional leaders at a national level. The NHTL is made up of 23 members from
corresponding provinces. Each provincial house elects three members of traditional
leaders to serve in the NHTL. The term limits of the NHTL are five years. You
will notice that a province like Gauteng only has two senior traditional leaders. The
president of South Africa addresses the NHTL at its annual official opening. Please
see the below video which refers to one such a specific example where the president
of South Africa addresses the National House of Traditional Leaders (NHTL).

President Zuma opens House of Traditional Leaders: 3 March 2017:

https://www.youtube.com/watch?v=EDjPC-Iii0w

The Provincial House of Traditional Leaders represents the institution’s structure

at the provincial level and the Local House of Traditional Leaders represents the
institution’s structure at the local level. The Provincial House of Traditional Leaders
represents traditional leaders at a provincial level in the respective provinces while the
Local House at the local level. Members serving in the National House are elected
from the provincial houses.

Other legislation includes the Local Government: Municipal Structures Act (No 117
of 1998), specifically section 81, which states that traditional leaders may participate
in municipal councils, and ensures that matters relating to traditional councils are
considered in the decision-making processes of municipal councils. The institution
of traditional authority in South Africa consists of the following structures:

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Figure 3

12.3 THE NATURE AND ROLE OF TRADITIONAL LEADERSHIP

In South Africa, over 20 million people (almost 36 percent of the population)
constitute part of the rural and traditional communities of the country, and many
of South Africa’s urban inhabitants remain loyal to their traditional leadership
structures. There are 7,970 recognised traditional leaders in South Africa, which
includes 12 kingships of which five are principal leaders. Then there are also 829
recognised senior traditional leaders and approximately 7,127 headmen and women
operating under them.

According to section 151(1), (2) and (3) of the Constitution, the “local sphere of
government consists of municipalities … the executive and legislative authority
of a municipality is vested in its municipal council”. What is therefore the role of
traditional leadership if the executive and legislative functions are vested in local
government? Some scholars are of the opinion that traditional leadership has very
little executive and legislative authority and that the role and function of traditional
leadership has remained limited to:

• facilitation
• support
• conflict resolution
• ceremonial roles

The role and nature of traditional leadership in South Africa is related specifically to the
recognition of the customary values of traditional leadership in a liberal constitutional
democracy. The South African Constitution recognises traditional leadership as an
institution with a status and a role in accordance with customary law. The Constitution
outlines that “national legislation may provide for a role for traditional leadership
as an institution at local level on matters affecting local communities, especially
customary law and customs of communities observing a system of customary law”.
It is important to note that traditional leadership is directly engaged in various forms
of governance. It is for this reason that traditional leadership is often referred to as
the “fourth tier of government”.

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The traditional councils can be found in eight of the nine provinces in South Africa;
traditional leaders have a comprehensive influence in South Africa. The traditional
councils, which comprise the traditional leadership structures, are legally established
institutions that govern and administer the affairs of traditional communities. These
traditional councils do not only provide support to municipalities in regard to what
the needs of the municipalities are, but also participate in municipal councils by
engaging in development planning and providing services to communities.

12.4 CONCLUSION
Because traditional leadership is hereditary in nature, many commentators are sceptical
of the relevance of traditional leadership in the South African political system.
Some commentators have explained that because traditional leaders’ authority is
hereditary, it has implications for how issues like gender equality are to be advanced.

Should you wish to read more about traditional leadership, you can consult
the following publications:

Cousins, B. & Claassens, A. 2004. “Communal land rights, democracy and traditional
leaders in post-apartheid South Africa”, in Securing land and resource rights
in Africa: Pan-African perspectives, Saruchera, M (ed), PLAAS. University
of the Western Cape, 2004.
Dowden, R. 2009. Africa: Altered states, ordinary miracles. London: Portobello Books.
Gueye, SP. 1999. African Renaissance as an Historical Challenge; Papers compiled
during the African Renaissance Conference. Cape Town: Mafube and Tafelberg
Publishing.
Holomisa, SP. 2009. According to tradition: A cultural perspective on current affairs. Somerset
West: Logo Print.
Mamdani, M. 2013. Define and rule: Native as political identity. Johannesburg: Wits
University Press.
Mbeki, T. 1998. Africa: The time has come – selected speeches. Cape Town: Tafelberg
Publishers.
Okri, B. 2002. A way of being free. London: Phoenix House.
Sithole, P. & Mbele, T. 2008. Fifteen Year Review on Traditional Leadership: A
Research Paper, compiled by Human Sciences Research Council.

SELF-ASSESSMENT
(1) Briefly discuss the role of traditional leadership in South Africa.
(2) Which of the following legislation does not govern traditional leadership in
South Africa?

(a) Chapter 12 of the Constitution

(b) The Traditional Leadership and Governance Framework Act (No 41 of
2003 as amended)
(c) The Local Government: Municipal Structures Act (No 117 of 1998)
(d) The Traditional Electoral Act, 1997

(3) Discuss the relationship between traditional leadership and democracy in

South Africa.

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31 FEEDBACK
(1) The role and nature of traditional leadership in South Africa is related specifi-
cally to the recognition of the customary values of traditional leadership in a
liberal constitutional democracy. It is important to include as much information
regarding the role of traditional leadership in governing and administer the af-
fairs of traditional communities as a recognised institution.
(2) (d)
(3) For the question, it is important to discuss the ideas of constitutional democracy
and traditional leadership, and to compare the different ideas and values, and
what kind of relationship exist in South Africa between traditional leadership
and constitutional democracy.

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 4 THEME 4
Elections and party politics in South Africa

On completion of this unit, you should be able to:

• discuss the electoral system in South Africa

• discuss the important political parties in South Africa’s democracy
• explain the main characteristics of voter turnout in South Africa
• explain the main characteristics that define a political party as being either on
the left or on the right of the political spectrum
• explain the significance of the Tripartite Alliance in South African politics

INTRODUCTION
The following sections are merely a brief introduction to elections, political parties
and party systems. They are meant to serve as a general framework for you to be
used in future to understand elections and political parties in South Africa.

Why should our study of South African politics include a discussion of elections,
political parties and party systems? Political parties can be found in all representative
democracies. You have probably heard the word “democracy” many times already.
You might have used it a couple of times as well, but do you understand the meaning
of this concept? Democracy is an unrefined concept and has various interpretations.
Write down your own definition of the concept “democracy”.

In broad terms, democracy is defined as the rule by the people, majority rule,
equality, non-domination and political competition. From this broad definition of
democracy, we can identify various explanations of democracy that are important for
understanding the role and function of political parties, party systems and elections
in South Africa. Now compare your own definition with the one provided above.
How similar are definitions? How far apart are the definitions?

A minimalist (often referred to as procedural ) interpretation of democracy relates the

practice and theory of democracy to principles such as political competition and
participation. Landman (2005:20) explains that political competition in a democracy
can be understood as the “uncertain peaceful competition necessary for democratic
rule, a principle which presumes the legitimacy of some opposition, the right to
challenge the incumbents ... existence of free and fair elections and a consolidated
party system”. While participation presupposes that citizens should have political
control of those who govern them, it is important to discuss political parties and
elections as a measurement of the vitality of democracy in South Africa. In a
democracy, political parties are in competition for political power; the electoral
mechanism is a means by which representatives are elected and gain control of
government. The existence of a multiparty system of democratic government is
necessary for political competition and participation. However, the existence of
political parties is not sufficient for the existence a democratic society; there has to
be electoral competition in which voters can choose between alternative parties. The
presence of political parties and the option for voters to choose between political
alternatives provide the important link between society and the state. It is also often
pointed out that in undemocratic political dispensations it is usually political parties

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that are the first groups to be banned or suppressed by a one-party, traditional or

militaristic regime.
According to Courtney Jung and Ian Shapiro (1995: 272), opposition politics in
a democratic order is fundamental to a democracy because opposition parties
encourages competition, which is important for debate and countering the abuse
of power. In the final section of this theme, we will discuss opposition parties in
South Africa.
What is the significance of an election?

ACTIVITY
Think about the electoral arrangement in South Africa and answer the following
questions:

• How many types of elections does South Africa have?

• How often do South Africans go to the polls?
• Do you support the current electoral arrangement in South Africa? Why or
why not?

32 FEEDBACK
There are two types of elections in South Africa, that is, the national and provicial
general elections and the local government elections, which are conducted every
five years and during which South Africans vote for either the national or local
government.

Why is it important to study elections in South Africa? Elections have a great

importance in a democratic system of government as elections determine who
takes control of government, making elections indispensable to democracy. In a
modern democracy, it is prudential that a mechanism exists by which representa-
tives are elected through a formal process. A minimalist view dictates that power
is ubiquitous in politics; therefore, it is prudential that a system exists to manage
power. Elections provide political parties with a formal mechanism to compete
for and attain political power; this is a feature of political competition in a modern
democracy.

Considering the importance of elections, several questions can be asked about

elections and voting, for example: Which electoral system is used in South Africa?
What are the different dynamics and features of the South African electoral system?

These important aspects will be discussed in the following section before we

discuss the importance of political parties.

Should you wish to find out more about electoral systems and elections in
general, you can refer to the following video interview:

https://www.youtube.com/watch?v=6et9ySAH2z4
Professor Kealeboga J Maphunye, incumbent of the Wiphold-Brigalia Bam Chair
in Electoral Democracy in Africa in Unisa’s College of Human Sciences and
Leon Louw, Executive Director of the Free Market Foundation, discuss the
South African electoral system.
SABC Digital News, 2016. Rights and Recourse: 17 April 2016, available at: https://
www.youtube.com/watch?v=6et9ySAH2z4. Accessed: 21 April 2016.

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13 South African electoral system in context

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• discuss the electoral system in South Africa

• discuss the national and provincial elections in South Africa
• explain the main characteristics of the proportional-representation (PR) system
• discuss local government elections or municipal elections
• discuss proportional representation elections in South Africa
• discuss voter turnout in South Africa

13.1 INTRODUCTION
It must firstly be noted that electoral systems differ among democracies. The electoral
system has an important role as it determines the rules of how votes are converted
into seats in Parliament. The design and rules governing elections are presented in
the South African Constitution. The South African Constitution does not specify
the type of electoral system South Africa subscribes to; however, the representative
nature of South Africa’s democracy is explicated in sections 46(1), 105(d) and 157(3)
of the Constitution, which stipulates that representation at national, provincial and
local spheres must result “in general, in proportional representation”.

The national and provincial legislatures are elected through a proportional

representation system (PR system) with a closed party list (List PR system), better
known as the closed-list proportional representation system. However, local
government is elected based on a mixed electoral system that incorporates both the
PR system and the constituency-based system; this system is also referred to as the
mixed-member proportional system (MMP).

An election is a means by which the electorate expresses their will. In order for an
election to express the will of the electorate and be legitimate, it must be accepted
as “free and fair”. To ensure that an election is “free and fair”, an independent body
plays a very important managerial role. In South Africa, the independent body is
known as the Independent Electoral Commission (IEC), which is independent of
government and manages elections.

In the next section, we shall discuss the general elections in South Africa, which is
referred to as the national and provincial elections (NPE). The discussion will then
also explain local government elections.

13.2 NATIONAL AND PROVINCIAL ELECTIONS

The national and provincial elections in South Africa take place within five years
of the previous election; the sitting president has to proclaim the date of election as

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stipulated in the Constitution. This date for national elections is normally close to
Freedom Day on 27 April. The Independent Electoral Commission (IEC) facilitates
the process and is responsible for ensuring free and fair elections. During the
national and provincial elections, voters elect the national and provincial legislatures
concurrently with the use of two ballot papers that represent the national and
provincial legislatures. Two separate ballots – a national ballot and a provincial ballot
– are used during the election. All the political parties competing in the election at
national and provincial level are listed on these ballots.

ACTIVITY
Go to the IEC website and look for a specimen of the ballot paper. What order do
the parties on the ballot paper follow? Is it according to the age of the party? Or the
size of the party? Or alphabetical? What other details appear on the ballot paper?

33 FEEDBACK
The parties are listed in alphabetical order. The ballot paper shows the full name
and logo of the party. There is a box next to each party name to tick in.

13.2.1 The proportional-representation (PR) system

The List PR system is dedicated to the idea of proportionality; this system tries
to ensure that seats are allocated proportionally to the amount of valid votes cast.
As discussed in Theme 3, South Africa has a “bicameral” parliament that consists
of 490 seats; the “bicameral” parliament has two houses. The National Assembly
(NA) consists of 350 to 400 seats; these seats are filled by men and women known
as Members of Parliament (MPs). The second house of the national parliament –
the National Council of Provinces (NCOP) – consists of 90 seats; it is important to
remember that unlike other parliamentary systems, the NCOP is not an upper house
or Senate. The NCOP essentially represents the provinces in the legislative process
through their provincial delegations and premiers of each province.

Table 1

The National Assembly (NA) The National Council of Provinces (NCOP)

Consists of 350 to 400 seats Consists of 90 seats

Why is this aspect important when discussing the electoral system? The idea
of elections is for voters to elect representatives that represent their interests in
Parliament. The NCOP members will not be discussed here, as they are indirectly
elected; members of each provincial legislature nominate members to the NCOP.
However, the National Assembly seats are filled based on how the electorate elects
them during the national election. The National Assembly party lists are divided
into two parts, the one half (200) is the National-National list and the rest of the
seats (200) are allocated according to the Provincial-National list. Political parties
list their preference of candidates on a party list that is submitted to the IEC. The
political parties submit nine provincial lists and one national list. Candidates are
then elected on the basis of the proportionality of votes received in the election.
Candidates are then allocated seats from the top of the list as determined by the

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proportionality of seats received. A party representative is more likely to get a seat

the higher the representative is on the party list. In sum, the proportion of votes
received determines how many candidates on the party’s list will be represented in
the National Assembly.

The allocation of seats is determined according to a method called the Droop quota.
There is no minimum threshold of votes that a party needs to attain, prescribed
by the Constitution, to get a seat in the National Assembly. However, there is an
implied quota of votes that a party requires to be able to attain a seat in parliament,
which is determined by the seats available in the National Assembly and the total
number of valid votes cast.

According to the Droop quota method, the allocation of seats in the National
Assembly is based on a proportional basis, which is determined by how many votes,
a party received. The allocation of votes is first determined regionally and then
nationally. This is calculated by adding 1 to the denominator (seats), then dividing
the total number of valid votes by this number and adding 1 to the result.

What are the dynamics of the List PR system? The simplicity and proportionality of the
List PR system is advantageous as a voting system. The List PR system has comparable
disadvantages: the system allows voters only to express their preference for parties
and not individual candidates; often voters feel disengaged because they don’t have
local representative MPs. A List PR system often features fragmentation and smaller
political parties or party proliferation; the PR system is mostly found in European
countries and much of Latin America.

Should you wish to read more about the electoral formula in South Africa,
you can consult:

Álvarez-Rivera, M. 2010. Election resources on the internet: The Republic of South Africa
electoral system. http://electionresources.org/za/system/

13.3 LOCAL GOVERNMENT ELECTIONS OR MUNICIPAL ELECTIONS

The local sphere of government, which is made up of municipalities, is very important
in South Africa because it is not only the closest connection to constituencies, but
it is responsible for the delivery of a wide range of services that impact the lives of
people in each municipality. In South Africa, municipal elections are held every five
years (1995, 2000, 2006, 2011 & 2016) during which councillors, who are responsible
for governing municipalities, are elected. Ward councillors are the directly elected
representatives in a local community. These councillors serve on the town, city,
metropolitan or district councils that deliver services to citizens in capacities such as
water, electricity and sanitation. According to the Municipal Structures Act, South
Africa is divided up into three kinds of municipalities, that is:

• category A or metropolitan municipalities

• category B or local municipalities
• category C or district municipalities

What kind of municipality do you reside in? Do you know who your councillor is?
If not, refer to the IEC website and follow the prompts to identify your councillor.

In South Africa, the largest metropolitans are governed by metropolitan municipalities

which are “stand-alone” municipalities and the only local government in the area,

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while the rest of the areas in the country are divided into district municipalities.
The metropolitan municipalities are known as “metros” (also known as unicities
or megacities). The metros are responsible for the administration of urban areas.
Metros are divided into wards and managed by a metropolitan council. These district
municipalities consist of several local municipalities. District councils share powers
with local councils operate in the same area; however, metropolitan municipalities do
not share the same powers with district councils. The South African local government
consists of eight metropolitan municipalities (Johannesburg, Cape Town, eThekwini,
Nelson Mandela Bay, Tshwane, Mangaung, Ekurhuleni, and Buffalo City), 44 district
municipalities and 205 local municipalities.

The areas outside the eight metropolitan municipalities in South Africa are divided
into 205 local municipalities; each one is divided into wards. Local municipalities are
in smaller cities and towns with smaller populations. These local municipalities make
up one district. There are usually four to six local municipalities in a district council.

There are 44 district municipalities, which are subdivided into the 205 local
municipalities. District municipalities’ main functions include:

• coordinating the activities of the local municipalities in its area

• supporting local municipalities
• providing municipal services

All of the municipalities in South Africa are governed by municipal councils, which
are elected during local government elections. An executive committee, elected
executive mayor and a municipal manager manage most of these municipal councils.
The election of the municipal councils is based on the notion of proportional
representation of political parties. The election of municipal councils varies with
some deviation according to the category of municipality.

13.3.1 South Africa’s mixed-member proportional system (MMP)

Which type of electoral system is used for local government elections in South Africa?
The local government elections are based on a mixed-member proportional system
(MMP). The MMP system uses two voting systems at the same time: the plurality-
majority system, which is the link between representatives and its constituencies,
and the proportional representation (PR) system, which is an additional system
that compensates for disproportionality that may arise from the plurality system.
Section 157(3) of the Constitution of the Republic of South Africa determines that
the election of members of a municipal council must result in general in proportional
representation. Section 157(3) of the Constitution specifies that municipal elections
incorporate the closed-party list system and the single constituency wards system.
The Municipal Electoral Act specifies who may contest elections and what are the
administrative requirements associated with the nomination process. The 1998
Municipal Structures Act (schedule 1 and schedule 2) explains the electoral system
for local government.

In general, the MMP system determines that votes are divided on a 50:50 basis to
wards and proportional representation. Political parties nominate candidates on a
party list and voters then vote blindly for candidates on the party list. The party is
allocated a proportional number of councillors, depending on the number of votes
cast for the party. However, the election of ward councillors is determined by the

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“first-past-the-post-system” or relative majority, simply meaning the ward candidate

who received the most votes, is elected as councillor.

It is important to note that municipal elections are the only elections in the three
spheres of government that makes provision for independent candidates to contest.
This is however limited to ward elections only. Below is an overview of how
independent candidates participate during municipal elections.

INDEPENDENT CANDIDATES

Figure 1

Source: Data compiled from the IEC.

Local government elections are different to national and provincial elections, because
national and provincial elections use the PR system where voters only vote for
a political party and not for individual candidates. Voters elect members of the
district, metropolitan and local municipal councils, who then elect the mayors of
the municipalities.

How does the mixed-member proportional system work in South Africa? It is important
to remember that local elections are organised according to local government (it is
also called municipal government) configuration. The majority of these municipalities
are demarcated into zones known as wards.

In local government elections, voters receive two ballots (ward ballot and PR ballot)
in the metros and local council voters receive three ballots (ward ballot, PR ballot and
district council ballot). The local municipal council, which falls under the district,
appoints 60 percent of the district councillors indirectly. The other 40 percent of
the district councillors are elected directly by the voters, based on the PR system.
In the following section, we will discuss the three categories of municipalities and
how councils are elected.

13.3.2 Proportional representation elections: metropolitan, local and

district municipalities

13.3.2.1 Metropolitan municipality

The MMP system determines that voters who reside in metros receive two ballot
papers during elections. The electorate receive a ward ballot to cast a vote for a
candidate that they choose to represent them in that specific ward or constituency.

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Additionally, voters also receive a PR ballot for that same municipality. A simple
illustration of the election process and how the process works can be seen below
in figure 2.

Figure 2

A common misperception is that the PR ballot is for the election of a PR councillor,

while the second ballot is for the individual candidate who is contesting for the
relevant ward. This is, however, not correct as indicated earlier; section 157(3) of
the Constitution determines that the electoral system “must result in general, in
proportional representation”. Therefore, in principle the constitution implies that
the allocation of seats on a council must reflect proportionality and that the ward
seats allocated must not affect such proportionality, meaning that the PR list seats
and the ward seats must therefore in total reflect the principle of proportionality.
The calculation of the PR seats and the composition of the council is dependent on
the total ward seats of a political party; this mixture is what is in essence the makeup
of the mixed-member proportional system.

13.3.2.2 Local municipality

The local council is also elected on the dual system of proportionality and plurality.
The voters receive three ballots when voting in a local municipality. Two ballots are
for the election of the local municipal council, which is based on the dual system
of plurality and PR. The third ballot is important for the election of the district
municipality council; the third ballot contributes 40 percent of the seats allocated
to the district municipal council. A simple illustration of the election process and
how the process works can be seen below in figure 3.

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 STUDY UNIT 13: South African electoral system in context

Figure 3

Before discussing the election of the district council, we will explain the formulae that
are used to elect the composition of metropolitan and local councils. It is important to
note that the electoral system for metropolitan and local councils differ to the district
councils. The electoral system of the metropolitan and local council is determined in
accordance with the proportionality formula. The ward ballots are aggregated with
the PR ballots which then equals the total votes. The total votes are then divided by
the total council seats (subtracted by the seats won by independents). The total then
provides the implied quota that a party requires to attain a seat in council (the quota
is rounded up to a round number). The quota is applied to the total votes of each
party to determine how many seats each party is allocated. However, it is important
to remember that ward ballots have a prudential role to play in regard to the total
PR seats allocated to a party. The total seats allocated to a party is subtracted by
the ward seats won by the party. This aspect is what was previously referred to as
the compensation for disproportionality. The PR seats are then applied to the PR
list in order of rank.

Metropolitan and local council formulae:

(1)

(2)
(3)
(4)
(5)

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ACTIVITY
Study the following hypothetical local council election result. After considering the
results of the election, how many PR seats will Party B be allocated?

Party name Total party seats Ward seats PR list seats

Party A 8 4 4
Party B 16 9 ?
Party C 1 0 1
Total party seats 25 13 12
Independents 0
Total seats 13 12 25

34 FEEDBACK
To determine the PR list seat allocation, the following formula is used:

In this hypothetical example, the total party seats (X) and ward seats (Y) are
subtracted to determine the PR list seats (X-Y).

Party B will be allocated 7 PR list seats.

13.3.2.3 District municipality

There are 44 district municipalities, which make up the 205 local municipalities. As
indicated in the above section, district municipalities are not divided into wards. The
district council electoral system is known as a parallel system. The parallel system
determines that the local municipality council, which falls under the district, appoints
60 percent of the district councillors indirectly. The other 40 percent of the district
councillors are elected directly by the voters, based on the PR system, as explained in
the above section. The below diagram illustrates how the district council is elected.

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Figure 4

In sum, the councils of metropolitan and local municipalities are elected based on
the system of proportional representation, while the councils of the district councils
are partly elected by proportional representation and partly appointed by the councils
of the local municipalities. Therefore, voters can receive three ballot papers at the
local government elections.

According to the Local Government Municipal Systems Act, a municipal council

must meet within 14 days after the municipal council’s election (the day the IEC
declares the final results) and first order of business at this meeting will be the election
of a speaker from among its members. The municipal manager or, if the municipal
manager is not available, a person designated by the MEC for local government in
the province, will preside over the election of a speaker. After the election of the
speaker, the elected speaker presides over internal elections.

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How are municipalities organised? Municipalities are organised according to either the
executive committee system or the executive mayor system. The executive committee
system can be found in very few municipalities; the system determines that each
party is proportionally represented in the executive committee and in essence requires
power-sharing between political parties. Most municipalities utilise the executive
mayor system. This system determines that once the speaker is elected (within 14 days
after the final determination of the election results), the members of the council must
elect an executive mayor in the same manner than it elected a speaker. According to
this system, the municipal council must elect an executive mayor with 50 percent+1
of the votes in the council.

13.3.3 Coalitions in local government

What happens if no political party obtains the majority of seats in a municipal
council? Can you think of an example of a local election result in South Africa when
this has happened? When no party wins a majority of seats in a municipal council
that functions within an executive mayoral system, normally the political party with
the most seats in the council will attempt to form a formal coalition with other
political parties or independent councillors to secure a governing majority. The
local government election of 2016 resulted in 27 hung councils, excluding district
councils; a hung council is a situation in which no majority is acquired by a political
party in a council.

Any group of political parties that can garner the support from other political parties
in order to obtain the required 50 percent +1 to form a coalition government. If
Party A receives 40 percent of the votes, Party B 35 percent, Party C 11 percent and
Party D 6 percent, then Party A and Party B can form a coalition. However, Party
B, C and D can also form a coalition together; an example of a coalition can be
observed in the 2016 local elections in the City of Johannesburg, where the ANC
won 45 percent, the DA 38 percent and the EFF 11 percent; the DA managed to
govern by forming a coalition with other opposition parties.

During this arrangement, the coalition will usually settle on who to support
when voting for the speaker, the executive mayor and the composition of the
mayoral committee. South Africa’s best known examples of coalitions in local
government include the coalition between the DA and Patricia de Lille’s Independent
Democrats; these two parties came together to govern the City of Cape Town after
the Independent Democrats switched sides and left the ANC coalition.

It is important to note that there are no legislative provisions for coalitions. The absence
of legislation dealing with coalitions in local government can expose municipalities
to the risk of instability that can impact a council’s mandate such as service delivery.
The cooperative arrangements of coalitions can be a positive political arrangement if
it is stable. However, because the cooperation agreements between political parties
is not binding by law and is not provisioned for in the electoral law, political parties
can defect from these arrangements. In the event that such a coalition disintegrates, it
can cause unstable councils and risks for local governance. It is important to note as
mentioned previously in our discussion that political parties are primarily motivated
by the attainment and preservation of power and that coalition politics is determined
by quid pro quo arrangements which are characterised by trade-offs. Coalition politics
often contain a legitimacy risk as voters tend to feel aggrieved with the post-election
agreements when political parties align with political parties that do not necessary
support the preferences of the voters who voted for the party.

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As has been noted, the role of voters in a democracy is significant. In the next section,
we will discuss the participation of voters in South Africa.

ACTIVITY
(1) Write down the following details about your own context.

• Your kind of municipality: ………………….

• The name of your district municipality (if applicable): …………..
• The name of your metropolitan municipality (if applicable): …………..
• The name of your local municipality: …………………
• Your councillor: ………………..
(2) What happens once the votes are cast and all the ballots are counted in a
local government election?

13.4 VOTER TURNOUT IN SOUTH AFRICA

The most important component to any modern democracy is the electorate, which
has a civic duty to participate in elections. The electorate is made up of voters, who,
through their participation in elections, express their attitude and preferences towards
government and issues in society.

Why is it important to include voter turnout in our discussion of elections? Voter

turnout is often described as an indicator of the vitality of a democracy. The support
that people lend towards representative democracy is an indicator of the legitimacy
that a political system has and how much people agree with the efficiency of the
political system. A key factor regarding the legitimacy of representative democracy
is the registering of eligible voters; a substantial amount of eligible voters doesn’t
register as voters and do not vote. Another important aspect that voter turnout reveals
is the degree to which people recognise and support the authority of government.
The voter turnout discussion also relates to the philosophical debate regarding
representative democracy.

In simple terms, voter turnout can be explained as the number of votes cast in an
election, expressed as a percentage of the number of registered voters. It is important
to note that although some scholars would suggest that low voter turnout is an
indication of dissatisfaction in democracy, it can also be argued that voters are
impassive and extend a certain level of trust in politicians.

In this section, the focus will be on the national and provincial elections (NPE) in
South Africa. The voter turnout in South Africa has been declining since the 1994
election (see figure 5) significantly; between 1994 and 2014 voter turnout has decreased
by 16 percent. During the 2014 NPE, the stay-away voters outnumber the voters
on election day in South Africa. This factor is evident if voter turnout is measured
against the number of citizens that are eligible to vote (VAP), in other words, South
African citizens over the age of 18 who did not vote during the 2014 NPE. During
the 2014 election, nearly 40 percent of citizens over the age of 18 (VAP) who were
registered. To illustrate the prudence of analysing voter turnout, we can consider
the ANC’s election result during the 2014 national election. The ANC received 62,1
percent of the votes cast; that is equal to only 36,4 percent of South African citizens
who were eligible to vote.

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According to the Institute of Race Relations (2014:6), South Africa’s highest voter
turnout was 86 percent during the 1994 election. This can be attributed to the fact
that there were no registration requirements before the election, and the 1994 election
was a founding election; it was the first inclusive election after decades of limited
democracy in South Africa, which, in turn, contributed to a higher voter turnout,
because of its significance.

Figure 5

Source: Compiled from IEC data

Voter participation follows two patterns in South Africa; during national elections, voter
turnout is higher than in local elections. During local elections, voter turnout in terms
of registered voters have remained steady during the 2011 and 2016 local election at 58
percent. In figure 6 and 7, you can observe that voter turnout can be measured as either
the percentage of the voting-age population or the percentage of voters on the electoral
register (voters roll). Although voter turnout in South Africa is considerably higher than
the average internationally, the voter turnout percentage in South Africa for the period
1994–2014 has declined.

Some scholars suggest that lower voter turnout can have a negative impact on social
cohesion. These scholars suggest that lower voter turnout can encourage politicians to
introduce more divisive issues as part of their political campaigns during elections to
mobilise voters to participate at the polls. The voter turnout in South Africa suggests
that electoral absenteeism is becoming a significant political feature of South Africa’s
democracy. Research has indicated that abstention is attributed to the fact that ANC
voters tend to abstain from voting instead of voting for other opposition parties.

ACTIVITY
(1) How does voter apathy impact the legitimacy of other institutions in South
Africa, like Parliament?
(2) Can we still consider Parliament as an institution that represents the people?

35 FEEDBACK
Considering the importance of legitimacy in a democracy, the support that people
lend towards representative democracy is an indicator of the legitimacy that a
political system has and how much people agree with the efficiency of the political

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system. As discussed in the section above, a key factor relating to the legitimacy
of representative democracy is the registering of eligible voters; a substantial
amount of eligible voters do not register as voters and do not vote. This has an
impact on the representative nature of Parliament and the support that people
reveal towards representative democracy.

13.4.1 Voter turnout dynamics

How should we study voter turnout in South Africa? What are the different dynamics
that influence voter turnout in South Africa? The decline in voter turnout is often
attributed to voter disillusionment with the political process and with government,
dissatisfaction with service delivery and frustration, because of voters’ expectations.
Voters often choose to opt out of the electoral process rather than to vote differently.
The determinants of voter participation can be categorised into two categories:

• structural factors
• agency factor

ACTIVITY
Some citizens of this country choose to withhold their votes to demonstrate disil-
lusionment with the government. As a student of this module, what is your view
regarding this choice?

13.4.2 Structural factors

13.4.2.1 Proportional representation system (PR) versus constituency systems

Systemic factors, like the type of electoral system, is an influential factor for voter
turnout. The PR system that is found in South Africa correlates with most other
PR systems in the world that have relatively higher voter turnout figures than
constituency-based systems.

13.4.2.2 Importance of the election

In South Africa, the voter turnout during municipal elections has been observed to
be lower than national and provincial elections (see figure 6 and figure 7). In South
Africa, it must be noted that municipal elections have a lower voter turnout, voters
tend to regard municipal elections as being less significant.

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Figure 6

Source: Data compiled from the IEC

Voter turnout is higher during the NPE, because voters assume that decision-
making is primarily a national function, including service delivery at the local level.
Voters value the participation in national elections, but do not see the need for local
participation. The importance of an election has a significant role in determining
the active participation of the public during elections. In general, voters feel more
inclined to vote if they feel that voting makes a difference to who rules or how they
rule and that voting will make a difference to their circumstances. The disparity
in voter turnout in South Africa, between municipal and the national elections, is
correlative with most electorates in terms of local elections and national elections. The
systemic contributing factor is that voters are more likely to participate in elections
if there is a perception that an election is significant or important.

Figure 7

Source: Compiled from data from the IEC 2

13.4.3 Agency factors

13.4.3.1 The age dynamic

During the 2014 NPE, it was observed that agency determinants are important factors
in regard to voter turnout. A large voter turnout was expected during the 2014 NPE;
however, there was a decrease in voter turnout in some provinces. Voter turnout
reached a new low during the 2014 election when the voter turnout totalled 73,5

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percent, indicating a decline of -3,8 percent in voter turnout since the 2009 election
(see figure 5). Preceding the 2014 election, many speculated over the influence of
voter apathy and the decline in voter participation. Some scholars might suggest that
it is an indication of voter apathy or disillusionment with democracy, but individual
factors like age and other demographic factors indicate that young and old voters
are less likely to vote in elections.

One section of the voting population that did not actively go out to vote during the
2014 election as much as anticipated were voters aged 18 to 19. Only 33,6 percent of
the nearly two million 18-year and 19-year olds, the so-called “born frees” (citizens
born after 1994), registered for the 2014 NPE. The bigger section of the youth
in the age group 18 to 29 did not participate in the election as expected. Despite
expectations, only 60,7 percent of the 20-somethings registered, making the youth
the only section of the population that averaged below the national average of
registered voters. Voter turnout decreased in every province except KwaZulu-Natal,
where it increased marginally. In provinces like Limpopo and North West, voter
turnout decreased considerably.

13.4.3.2 Logistical factors

Some non-voters have objections regarding the logistical challenges in regard to
voting; these challenges are considered to be a minor reason for why some voters do
not vote during elections. These logistical factors include: failure to register within
the registration period, registration in a different province, incorrect documentation,
travel limitations.

13.4.3.3 Political efficacy

A common perception and explanation of absenteeism is that non-voters are apathetic
and apolitical. Many scholars suggest that non-voters are politically engaged and that
the abstentions of non-voters is based on their dissatisfaction with the political efficacy
of the current politics that presides in the political system. Non-voters’ abstention can
be observed as a political statement regarding the political efficacy of the political
system. Non-voters tend not to think differently about politics or the political party
they sympathise with, but rather that voters tend to be more sympathetic towards
the party they support, even if the party has not delivered on their promises.

13.5 CONCLUSION
This study unit provided an overview of South Africa’s electoral system, the foundation
of South Africa’s democracy. The process and workings of South Africa’s electoral
system were also explained. The study unit specifically explained the main differences
between national and municipal elections in South Africa. The study unit also
discussed the elements that influence voter participation in South Africa and why
voter turnout is important for the vitality of South Africa’s democracy.

Should you wish to find out more about voter participation and elections in
general, you can consult the following video interview:

Professor Dirk Kotzé, from the Department of Political Sciences at Unisa, provides
an analysis on the local government elections in 2011.
https://www.youtube.com/watch?v=2MzTmda8tck -

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PolitySA. 2011. Local government elections – an analysis by Prof Dirk Kotzé.

Available at: https://www.youtube.com/watch?v=2MzTmda8tck [accessed
on 22 March 2016].

Should you wish to find out more about voter participation and elections in
general, you can consult the following publications:

Engel, U. 2014. South Africa: The 2014 national and provincial elections. Africa
Spectrum 49(2): 79-89.
GCRO. 2013. “Gauteng City-Region Observatory Quality of Live 2013 Survey
Viewer”, http://gcro1.wits.ac.za/qolviewer/ReportHome2013.aspx (accessed
on 15 February 2016).
HSRC. 2014. “IEC Voter Participation Survey 2013/14: An Overview of Results”,
file:///C:/Users/crunciman/Downloads/HSRC percent202013 percent20Voter
percent20Participation percent20Survey percent20- percent20 Summary
percent20of percent20results.pdf (accessed on 6 June 2016).
Lodge, T. 2003. “Voter abstention in the South African general election of 1999”,
Representation 39(2).
Reynolds, A. (ed). 1994. Election ‘94 South Africa: the campaigns, results and future prospects.
St. Martin’s Press.
Reynolds, A. 1999. Electoral systems and democratization in Southern Africa. Oxford
University Press.
Ryabchuk, A. 2016. Voter abstention in South African 2014 elections: Beyond the
apathy argument. Transformation: Critical Perspectives on Southern Africa 92(1), 37-59.
Sadie, Y. 2013. Political parties and elections, in Government and Politics in South Africa
edited by A Venter and C Landsberg. Pretoria: Van Schaik. (ch 9)
Schulz-Herzenberg, C. 2014. Trends in electoral participation 1994–2014, in Colette
Schulz-Herzenberg and Roger Southall (eds) Election 2014 South Africa: the
campaigns, results and future prospects. Johannesburg: Jacana Press.
Schulz-Herzenberg, C. 2014. Voter participation in the South African elections of 2014. Institute
for Security Studies.
Southall, R. & Robert, M. 2002. Popular Attitudes towards the South African Electoral
System: report to the electoral task team. Cape Town: HSRC Publishers.

SELF-ASSESSMENT
(1) Discuss the main characteristics of the South African electoral system.
(2) Discuss in one paragraph the main differences between national and pro-
vincial elections and municipal elections.
(3) Is the party who obtained the largest number of seats in a council legally
entitled to elect its candidate as mayor?
(4) Discuss the elements that influence voter participation in South Africa.
(5) What are the main trends that characterise voter turnout in South Africa?
(6) Briefly discuss what normally happens if no political party obtains the major-
ity of seats in a municipal council.

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14 Political parties in context

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• discuss what a political party is

• discuss the classification of a political party
• explain the parties across the political spectrum
• discuss party systems
• discuss the single-dominant party system

14.1 INTRODUCTION
A political party is a modern form of political organisation; political parties never
formed part of traditional societies. Political parties are associated with democratic
systems of political competition and elections; political parties obviously feature less
in undemocratic and/or one-party systems. In one-party regimes, the distinction
between the party and the state is almost absent. In multiparty systems such a
distinction is normally clearly made. Note that minority parties are also a feature
of civil society and not of the state. In the next sections we will be discussing the
characteristics of a political party.

14.2 WHAT IS A POLITICAL PARTY?

Are you a member of a political party? If you are, why did you join the party? What
are your main attractions to a specific political party? What, in your view, constitutes
a political party?

What are the main functions of political parties? Political parties are focused on
gaining power or retaining power; this practice is established by means of capturing
the control of government. In the previous study unit, the importance of voter
participation in a democracy was discussed; voters decide which political parties
rule and political parties concentrate on winning elections. Political parties also
recruit citizens, raise money and run media campaigns. Political parties have various
functions in a political system and in society. They form and represent public opinion;
they also organise people on a regional and national level. Therefore, political
parties are not only interested in taking public office but also mobilise supporters.
Political parties are the primary representative of voters and political parties also
serve as the legitimate link between citizens and the state. Political parties also have
an aggregating role; political parties bring together different views to form policy
positions and political opinions.

The whole phenomenon of political parties has received considerable attention from
scholars such as Maurice Duverger and Giovanni Sartori. Other scholars include
David Apter, Seymour Martin Lipset, FJ Sorauf and Arend Lijphart.

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According to Sartori (1976:ix), parties are the central intermediate and intermediary
structure between society and government. Sartori (1976) also sensitises us to
the nature of the political system in which the parties function, be it pluralism,
corporatism, new institutionalism, etcetera. Political parties are often discussed in
the context of pluralism – that is, the political system is characterised primarily by
interaction between organised interest groups, while the state plays a facilitating
or mediating role. Understandably, political parties are tremendously important in
such a dispensation.

Giovanni Sartori (1976:63) describes a political party as any political group that
presents at elections and that is capable of placing, through elections (free or non-
free), candidates for public office.

FJ Sorauf (1964:13) describes a political party as an agency for the organisation of

political power, characterised by exclusively political functions, by a stable structure
and inclusive membership, and by the ability to dominate the contesting of elections.

These descriptions emphasise the following:

(1) Parties are primarily concerned about political power.

(2) They are involved in political activities and not in other social or economic
activities and interests.
(3) Elections are focus points for political parties (either as participants in elec-
tions or as opponents of elections).

14.3 CLASSIFICATION OF POLITICAL PARTIES

We have discussed how political parties can be identified and explained. However,
how do we classify different political parties?

Political parties are commonly classified in terms of the party’s organisation and
membership, and the party’s ideological orientation. For the purpose of reviewing
political parties, as part of South African politics, we will discuss the different models
of organisation of political parties and the ideological classification of political parties.
We will address the ideological orientation as classification of political parties in the
next section as part of our discussion of parties across the political spectrum.

Relevant to the discussion of political parties, we will firstly discuss the models of
political organisation that is applicable to the South African context. In South Africa,
political parties are sometimes either classified as being a mass party or a catch-all party.

Mass political parties mostly originate outside the structures of Parliament and are
determined on securing representation in the legislature. These types of parties often
claim to represent the interests and ambitions of a specific group of the population
like a social class. Typically, a mass party is characterised by auxiliary attachments like
a youth unit or a trade union. Members in a mass party normally pay membership
fees and are allocated into branches where they elect representatives. A central office
typifies the organisation of a mass party, which is responsible to an elected party
congress, which is the highest body of decision-making in a mass party. The elected
party congress normally elects an executive committee, which governs the party.
The ANC shares many similarities that are found in the organisational description
of a mass party.

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The so-called catch-all party evolved from the mass party occurrence. The term
“catch-all” describes how these types of parties tend to abandon robust ideological
stances in an attempt to be more inclusive and appeal to more voters. Catch-all
parties tend to rather accommodate shared beliefs and values of the electorate in
order to win votes; this normally implies that the membership of catch-all parties is
heterogeneous. It is important to note that because catch-all parties are focused on
winning the support of the electorate, these types of political parties are less interested
in the other functions of a political party, like shaping or debating public opinion.
The majority of political parties in South Africa can be described in essence as being
catch-all parties. Often political parties in South Africa converge on the centre, where
political parties consider the majority of voters to share the same principles; this idea
is often shared by commentators when referring to the ANC as a “broad church”,
meaning that the ANC consists of diverse stakeholders. Catch-all parties are often
challenged by the diversity within the party, which often leads to factionalism and
internal conflicts. These disputes often become evident during policy discussions.

Should you wish to read more about political parties in general, you can
consult the following sources:

Duverger, M. 1967. Political parties: their organization and activity in the modern state.
London: Methuen.
Michels, R. 1962. Political parties: a sociological study of the oligarchical tendencies of modern
democracy. New York: The Free Press.
Powell, GB. 2000. Elections as instruments of democracy: majoritarian and proportional visions.
New Haven & London: Yale University Press.
Sartori, G.1976. Parties and party systems: a framework for analysis. Cambridge: Cambridge
University Press.
Solomon, Hussein (ed). 2013. Against all odds: Opposition politcal parties in Southern Africa.
Sandton: KMM Review Publishing.
Sorauf, FJ. 1964. Political parties in the American system. Boston, Mass: Little Brown.

14.4 PARTIES ACROSS THE POLITICAL SPECTRUM

In the discussion on political parties we briefly explained that political parties also
have an aggregating role, meaning that political parties also form and represent public
opinion. In essence, political parties form and represent the views of the public; these
views often support political parties in developing their policies. Political parties have
specific views regarding societal issues; this is commonly referred to as a political
party’s ideological character. Political parties are often grouped on a spectrum in
relation to their ideological character. In this section, we shall discuss the role of
ideology and how political parties are classified according to their ideological views.

14.4.1 The political spectrum

Why should we study ideologies? In order to understand political activities, we must
understand the ideas that have caused or motivated people to take action. The primary
function of an ideology is to motivate decisions and choices; however, an ideology
also organises society and leads to political action. It is important to remember that
all ideological views and actions must be considered within a specific context, and
all political ideas are constructed on the ideas of earlier thinkers.

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Political parties are often described in terms of their position on the political
spectrum: left, left-of-centre, centre, right-of-centre and right. These descriptions
tell us little in fact about a party’s ideologies or philosophies. Instead, left or right
tend to describe a party’s position on the political landscape in relation to its views
about tradition, emancipation, equality and egalitarianism. Why is it important to
understand the left-right division? The left-right dimension of political parties is an
important tool when analysing democratic processes. This dimension can explain
political competition, voting behaviour, coalition-governments and public policy.

Norberto Bobbio (1996) clearly explains what is meant by the political spectrum and
how we should understand the words “left” and “right”.

Bobbio (1996) explains that the left-right distinction is relative and not absolute. The
left-right distinction between political parties can be misleading, because political
parties can often contain their own left-right distinction within the organisation; this
can be observed from the idea of a “broad church”. In other words, these terms mean
nothing by themselves; they only acquire meaning when they are related to other
words. This distinction was used in the French Revolution. It denotes the conflict
between two opposing sides and represents the persistent aspect of political strife
or politics as strife. It remains extremely difficult to define points in political space
if all these points are relative.

For example, a particular party B may be regarded as right-of-centre by supporters

of party A, but left by supporters of party C (because anything left of C is regarded
as left).

Figure 8

Political ideologies are often located in a similar manner on a linear spectrum. Below
is an example of how different conventional political ideologies are positioned on a
political spectrum. The left-right divide can be seen on the figure below; many of
these ideologies are divided by their sympathetic stance to principles on the left or
to the right. It is important to note that some of these ideologies often share similar
views of certain political problems, but for dissimilar reasons. In this discussion of
the political spectrum, we will take an inductive approach and we will focus on the
South African context. It is important to remember that as circumstances change,
so do the issues of the left and right.

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LEFT RIGHT

SOCIALISM- LIBERALISM CONSERVATISM NATIONALISM

COMMUNISM
radical reformist modern classical libertarianism
socialism socialism liberalism liberalism (right)
(left) (left) (left) (right)

Figure 9

The left-right dichotomy emphasises how views differ in relation to the economy,
politics and government, and social-cultural issues. Political parties that are associated
with the left tend to embrace intervention and collectivism, whereas political parties on
the right tend to be sympathetic towards visions of the free-market and individualism.
It is important to notice that political parties are not classified as being either on the
left or the right. Political parties can be sympathetic towards certain leftist economic
views but embrace socio-cultural views that are symptomatic of a party leaning to
the right; commentators then try to evaluate the overall tendencies of the political
party and then make a judgement in regard to whether the party is on the left or the
right of the political spectrum. This challenge can be observed when measuring the
ideology of a political party. Conventionally, political parties expose their ideological
associations in election manifestos. A political party may however express certain
ideological views during the election period and yet support alternative ideological
principles. You will notice how political parties aren’t exclusively committed to a
specific ideology; political parties are considered to be left or right depending on
how sympathetic a party is to either leftist or right-wing principles. As you may have
realised, some political parties exhibit ideological elements that overlap between the
left-right division. Political parties very seldom adopt a strictly leftist or right-wing
ideology, because political parties are constrained by the appeal of the electorate.

How are these distinctions made in the South African context? Are South African
political parties predominantly centre-left or centre-right? Do we have far right parties
or far leftist parties? Do ethnic and geographical factors impact political parties
in South Africa? In South Africa, political parties are often classified according to
their relation to the left-right divide. We find, however, that parties seldom define
themselves in those terms; however, this does not mean that political parties don’t
exhibit ideological stances or that ideology is not of significance in party politics. In
other countries, the practice of self-definition is much more profound. According to
Kotzé (2011:9), the left-right political spectrum is not imposable on South African
political parties; the political spectrum should rather be “structure(d) in other terms
– in particular on the different notions about the nature of society and the preferred
function of the state”. We shall return to this notion after we have briefly discussed
the left-right notion and how it can be imposed on the South African context.

In the following section, we shall be discussing the left right-right divide. What is
the ideology of South African political parties? Some of the prominent ideologies
present in South Africa include liberalism, socialism-communism, conservatism and
nationalism. A narrow analysis of the ideological nature of political parties tend to
focus only on specific aspects of a political party’s policy such as socio-economic
issues or political issues. However, it is important to remember that because all
political parties have divergent views on different aspects of society, it necessitates
an holistic adoption of the various sets of factors that determine a party’s ideological
outlook. A broader analysis normally demonstrates how heterogeneous a political

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party’s ideology can be; political parties can have dissimilar ideological views on
socio-economic topics and cultural topics. In the following section, we will discuss
the different sets of factors that determine a political party’s ideology.

14.4.2 The left wing

The left adopts a critical stance towards tradition and propagates emancipation from
rigid and unfair social structures and practices. The left is characterised as being
sympathetic towards principles such as liberty, fraternity, equality and progress; the left
is associated with egalitarian views. Commonly, the left embraces the nationalisation
of major industries as a means to eliminating class differences or inequalities that
exist in a society. Centre-left parties are more sympathetic to free-market mechanisms
and also embrace the welfare state; however, without the nationalisation of industries.
Below we will discuss the distinctive sets of factors that illustrate how the left relates
to the economy, politics and government, and social-cultural topics.
The economy

• Market

– Supports state economic planning, state ownership of business, nationalisation,

market regulation, strong trade unions and industry regulations
– Opposes capital, the private sector, entrepreneurship, business, investment
– Opposes free enterprise, the free market, economic orthodoxy and
efficiency, competition, incentives

• Private property

– Opposes private property

• Supports a mixed-economy

– private-public partnership, business-government partnership

• Supports social welfare

• Supports more public spending and taxation
• Supports redistribution of wealth
• Supports affirmative action

Politics and government

It is associated with participatory democracy and emphasises the broad participation

of citizens in the political system and the decision-making process through forums,
consultations and civil society.

• Associated with the socialist notions of equality

– It emphasises equality of outcome determined by the social or historical

context. Supports redistributive social policies and measures that eliminate
inequalities. It contests meritocracy. Supports social change or social justice
to create equality.

• Associated with positive liberty

– It is associated with positive freedom; freedom is determined by the outcome.

Supports government measures that actively create the conditions necessary
for individuals to be self-sufficient or to achieve self-realisation.

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• It is associated with centralisation

Socio-cultural views

• It supports solidarity and unity or togetherness

• Supports individual rights or civil liberties, the extension of liberty, gender equality,
and gay and lesbian rights
• It is associated with secularism and the separation of church and state: non-
religious values and the separation of religion and government

Which political parties in South African can be associated with the leftist divide?
Some scholars have located the ANC, EFF, PAC and AZAPO as either centre-left
or radical leftist parties. In South Africa, the economic views of the left dominate
on political parties, as the majority of political parties are considered to be centre-
left parties. These parties support a mixed economy, redistribution of wealth, social
welfare and affirmative action, while parties on the far left including the EFF, APC,
AZAPO and the PAC support central economic planning, radical redistribution of
wealth, nationalisation and opposes capital.

14.4.3 The right wing

The right tends to be protective and sympathetic of principles such as tradition,
authority, order, the status quo and duty. The right is associated with hierarchy
and inequality. Liberal parties or centrist parties emphasise social issues and the free-
market, while centre-right parties tend to be precarious towards the welfare state and
is sympathetic to the free-market. Right-wing parties tend to embrace and promote
capitalist growth; normally these parties are critical of labour unions. Below we
will discuss the distinctive sets of factors that illustrate how the right relates to the
economy, politics and government, and social-cultural topics.

The economy

• Market

– It supports capital, the private sector, entrepreneurship, business and investment

– If opposes state economic planning, state ownership of business, nationalisation
and market regulation
– It supports free enterprise, free market, economic orthodoxy and efficiency,
privatisation, competition, incentives and less regulations on industry and
business

• Private property

– Supports private property

• Supports a free market or market libertarianism

• Contests social welfare
• Supports minimal public spending and taxation
• Opposes the redistribution of wealth from the rich to the poor
• Opposes affirmative action

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Politics and government

• Associated with liberal or conservative democracy – emphasises constitutionalism,

electoral democracy, human rights, separation of powers and parliamentary
oversight
• Associated with the liberal notions of equality
– Emphasises equality of opportunity: formal equality, meritocracy, equality
before the law, political equality
• Associated with the negative liberty
– Associated with negative freedom: considers opportunity, each one is free
and should not be held back by arbitrary distinctions; contrasts with positive
freedom
• Associated with decentralisation
• It promotes limited government

Socio-cultural views

• Supports individualism
• Associated with strong moral and religious values, traditional morality: opposes
abortion and homosexual marriages
• Supports group or minority rights, language rights, self-determination and
nationalist sentiments
• Associated with diversity, pluralism and liberal multiculturalism

Several political parties can be located on the right of the political spectrum due to
their liberal-conservative political and social views. In South Africa, the political
views of the right dominate on political parties and they support liberal democracy,
constitutionalism, electoral democracy, liberal equality and negative freedom. Political
parties like the ANC, COPE, IFP, UDM and the APC support traditional values
and traditional governance. Parties like the MF and the FF+ support minority
rights and language rights. Other parties like the ACDP, FF+ and UCDP support
religious values and a Christian democracy. Very few parties on the right support
strong libertarian principles; the FF+ is one of the only political parties that strongly
opposes affirmative action and nationalisation.

ACTIVITY
(1) Draw up your own linear spectrum of political parties in South Africa, showing
the centre/left/right, “position” the three most represented political parties
in the National Assembly on your spectrum and explain why.

36 FEEDBACK
You should first return to the discussion of the political spectrum and determine the
characteristics of “left” and “right” that you will apply. Given the relative (and not
absolute) nature of the spectrum, you should determine from which vantage point
on the spectrum you look at the parties. Finally, you can then apply the criteria
to the parties. Identify the three political parties in the National Assembly that is
the most represented first. Finally, you can then apply the criteria to the parties.

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14.5 PERSPECTIVES ON THE NATURE OF THE STATE AND

SOCIETY
According to Kotzé (2011:9), political parties seldom define themselves in terms
of the left-right spectrum. Kotzé explains that it is better suited to “structure the
spectrum in other terms, in particular on the different notions about the nature of
society and the preferred function of the state”. As our discussion continues, you
will notice the overlap with some of the factors included in our discussion on the
left-right notion; this is because some of the ideas mentioned here form part of its
philosophical basis.

14.5.1 The nature of society

According to Kotzé (2011:9), the nature of society can be understood in terms of two
perspectives: the atomistic approach and the organic or communitarian approach.

(a) Atomistic perspective

For the purposes of this course, we can summarise the atomistic perspective as follows:

• The atomistic approach or the individualistic approach is “closely associated

with the liberal emphasis on individual freedom as the supreme value in society”.
Kotzé (2011:9) explains that this approach implies that “humans should take
responsibility for most aspects of their lives, and should not depend on public
or state support”.
• According to the approach, humans are rewarded for their performance in
accordance with their potential by taking initiative. The main driver of development
in society according to the atomistic view is private initiative via the free market.
• The atomistic view emphasises that justice and freedom can be guaranteed
in society by adhering to procedures, judicial procedures, and if procedures
are followed, the outcome will be just. The atomistic approach emphasises
administrative justice, judicial independence, the rule of law, separation of powers
and constitutional supremacy.
• According to Kotzé (2011:9), South African opposition parties like the DA, IFP
and FF+ sympathises with the economic views associated with the atomistic
approach.

(b) The organic perspective

For the purposes of this course, we can summarise the organic perspective as follows:

• According to the organic perspective, the nature of society is associated with the
social democratic disposition; “society is seen in holistic terms” (Kotzé 2011:9).
Kotzé (2011:10) explicates that the individual depends on the community for
self-realisation, and the supreme values are equity and equality (and not freedom)
with the emphasis on social and not individual responsibility.
• Kotzé (2011:10) explicates that in economic terms, the organic perspective differs
from the atomistic perspective, in that according to the organic perspective, “the
private sector is viewed as too much profit-driven, and therefore not suitable
for socio-economic development…and that partnerships between the private
and public sectors, as well as state-owned enterprises are considered as a more
appropriate instrument for development”.
• The organic perspective views justice in a social context and not in a judicial
context. Within the purview of the organic perspective “justice plays a restorative

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role that is more socially-dependent than procedural in nature” (Kotzé 2011:10).

Justice is associated with social transformation, activism and should not be
associated with the interpretation of legal principles.
• According to Kotzé (2011:10), all liberation movements in South Africa embrace
the organic perspective’s nature of society. Among other parties, the perspective
is associated with the PAC, AZAPO, ACDP and the EFF.

(c) The hybrid position

Some political parties adopt an hybrid position according to Kotzé (2011:10),

which combines the communitarian perspective with the free market tradition. We
can summarise some of Kotzé’s hybrid examples as follows:

• The IFP associates with a traditionalistic constituency, which is an anachronism

of the liberal, atomistic notion of society. At the same time, it supports a free-
market economic strategy.
• The FF+ is socially a more conservative party, embraces group rights, language
rights and cultural rights; it is traditionally sceptical of liberal values. However,
it embraces a strong private sector and is sympathetic towards the state’s social
responsibilities; the latter view is also articulated by the trade union movement,
Solidarity.

14.5.2 The function and purpose of the state

Now we will discuss the function and purpose of the state. According to Kotzé
(2011:10), “opposition parties oscillate between two different views of the state: the
state as either the product of a social contract that limits it to a minimum number
of functions, or that the state is a public resource and an instrument for social
transformation i.e. a utilitarian view of the state”.

(a) The social contract tradition

The social contract tradition considers the state as a necessary product of a social
contract which is subject to strict controls and public scrutiny. The social contract
tradition emphasises the state’s role in providing essential services, especially public
security; however, it should refrain from entering the domain of the private sector.
This tradition is sceptical of government in the sense that it assumes that government
has a natural inclination to abuse state power. The social contract tradition embraces
constitutionalism with constitutional checks and balances as an “antithesis” with
additional “regular rotation of government and decentralized government (or
federalism)” Kotzé (2011:10). The political parties that are associated with this
tradition include the DA, COPE, FF+ and IFP.

(b) The welfare tradition

This tradition views the state in more positive terms as a source of opportunities.
Kotzé (2011:11) explicates that the state is considered “to be a public resource, as an
instrument for social transformation and not only as a promoter, but as an agent,
of social welfare and development. (Land reform is therefore viewed as not only a
form of restitution of historical discrimination but primarily as a means of addressing
rural social transformation.)” The state is an infinite source of wealth, therefore
politics is determined by “competing for, and protecting control of the state and
access to that wealth”. Kotzé (2011:10) further explains that according to this view,
the “state is seen in maternalistic or paternalistic terms as a benevolent provider of

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social welfare and social security … Therefore the state must create jobs, and must
build houses, and must provide health services – all of them are therefore not the
individual’s responsibility”. Since the adoption of the “developmental state” in 2004,
the ANC articulated this notion of the state. Other opposition parties like the PAC,
AZAPO and the EFF also subscribe to this state view.

ACTIVITY
Can you think of any policies that can be associated with the welfare view of the
state?

37 FEEDBACK
Black economic empowerment (BEE) is a variation within this view: the state must
restructure the economy and create new opportunities for access to the economy
in accordance with the fundamental changes in the power balance in the society.

Should you wish to read more about the left and the right in politics, we
suggest you consult the following publications:

Bobbio, N. 1996. Left and right: the significance of a political distinction. Cambridge: Polity.
Castles, FG & Mair, P. 1984. Left-right political scales: some expert judgments.
European Journal of Political Research 12(1)(March):73–88.
Hoeane, H. 2006. “Struggling to Represent the Left: The Pan Africanist Congress,
the Azanian People’s Organization”, in Piombo, J. & Nijzink, L. (eds.). Electoral
Politics in South Africa: Assessing the first democratic decade. HSRC Press: Cape Town.

14.6 UNDERSTANDING POPULISM

Many scholars are of the opinion that traditional cleavages that separate political
ideologies have become irrelevant and that political ideology has less of an influence
in a modern democracy. The rise of populism suggests that there is a decline in
regard to the relevance of ideological cleavages. Populism has become a key feature of
contemporary politics all over the world, because it sometimes can have a destabilising
effect on a democracy.

The global pattern of populism suggest that it is on the rise in electoral democracies.
In 2016, Western Europe observed a rise in populist parties. These parties are the
majority in the parliament of five countries; in another 15 countries populist parties
held more than 10 percent of the seats and in seven countries populist parties formed
part of governing coalitions.

But what is populism and how do we understand it? And is it important in the context
of South African politics? Like many concepts in Political Science, populism is a
contested concept. Populism cannot be described as an ideology; it is difficult to
identify yourself as being a populist or part of the global populist movement because
there is no international populist movement. According to Benjamin Moffitt and
Simon Tormey (2014), “populism has a significant ideational element”; however,
populism can be better conceptualised and explained as part of a “political style”.

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ACTIVITY
List some of the well-known populist political leaders.

38 FEEDBACK
Alberto Fujimori
Hugo Chávez
Evo Morales
Rafael Correa
Jean-Marie Le Pen
Jörg Haider
Umberto Bossi
Viktor Orbán
Pim Fortuyn
Sarah Palin
Preston Manning

According to Moffitt and Tormey (2014:386), populism as a political style empha-

sises the performance of politics and the way it creates public relations. Moffitt
and Tormey describe populism essentially as a political style; the political style
of populism inhibits certain features (however, some of these features are also
shared among various other politicians who are not populist) which make some
leaders populist. Populism as you may have realised has a wide disparity in regard
to the ideological approaches on the political spectrum, meaning that populist
leaders can vary in regards to their ideological stance. It is important to note that
“mainstream politicians” sometimes share some of the same features of populist
leaders according to Moffitt and Tormey (2014:391). According to Moffitt and
Tormey (2014), there are three elements of the populist style of politics: appeal to
“the people”; crisis, breakdown and threat and “bad manners”.

14.6.1 Appeal to “the people”

Moffit and Tormey explain that populist leaders distinguish themselves by trying to
appeal to “the people”. However, many politicians present themselves as representing
the people during elections. But, as Moffit and Tormey explain, populist leaders
often try to emphasise the idea that the people are the real holders of powers and
that there is a distinct difference between the people and the elite. Populist leaders
appeal to the idea that the people have been let down by their leaders or the elite and
that they are the true representative of the people by distancing themselves from
the elite. According to Moffitt and Tormey (2014), populist leaders adopt popular
language and fashionable selections to distance themselves from the elite.

14.6.2 Crisis, breakdown and threat

Moffitt & Tormey (2014) further explain that populism is propelled by a perceived
“crisis, breakdown or threat”. This condition develops when the relations between
citizens and representatives deteriorate in combination with economic strain. When
an incident occurs in the course of everyday politics, populist leaders often reproduce
these incidents as emergency situations, which should be addressed immediately with
decisive action. Some scholars argue that the formation of the EFF was motivated

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by perceived crises. Mbete (2014) explains that the EFF establishment was driven
by the expulsion of its members from the ANC Youth League and the “impetus of
various other crises” which included the Marikana massacre, Nkandla and several
other anti-government protests.

14.6.3 “Bad manners”

Much of this section’s explanation of populism from Moffitt and Tormey relates
to the section, Appeal to “the people”. The appeal of populism is its disobedience of
conventional political norms and conventions. Moffitt and Tormey (2014:392) explain
that populists disregard the “appropriate ways of acting in the political realm”. As
explained in the section relating to “the people”, populists attempt to distinguish
themselves from the elite in any way possible by identifying with the “people”. By
challenging the conventions and norms of the elite, populists attempt to create a
wedge between themselves and the elite by adopting a representative image of “the
people”; this is a prudential practice that sets themselves apart. Mbete (2014) explains
how the EFF’s “disdain for parliamentary rules and its challenging of the legitimacy
of parliamentary conventions are part of the same phenomenon”.

Should you wish to read more about political style and populism in general,
you can consult the following publications:

Mbete, S. 2015. The Economic Freedom Fighters: South Africa’s Turn Towards
Populism? Journal of African Elections, 14 (1), 35–59.
Moffitt, B. & Tormey, S. 2014. “Rethinking populism: politics, mediatisation and
political style”. Political Studies 62(2): 35–59.

14.7 PARTY SYSTEMS

How political parties act in the political system is determined largely by the party
system. Party systems are largely determined by the electoral system, because the
electoral system determines how votes are converted into parliamentary seats.
Various criteria can be used for categorising party systems. Duverger (1967) used
the number of parties as the determining factor. Sartori (1976) added competitive
and non-competitive systems to the numerical criteria.

For the purposes of this course, we can summarise party systems as follows:

Figure 10

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What are the different party systems and how do they differ?

• The one-party system (in which only one party is legally allowed and is dominant)
• The two-party system (two dominant parties)
• The dominant-party system (many parties exist, but only one party is dominant)
• The multiparty system (multiple/many parties exist of which all enjoy equal
chances of taking control of government and assuming power)

A matter often introduced on the discussion of party systems in South Africa is why
the two-party system is not introduced in South Africa. Firstly, it is important to
note that constituency based electoral systems lead to two-party systems according
to Duverger’s law. This is because according to Duverger’s law, single-member
constituencies as in the USA and the UK tend to favour a two-party system and
proportional representation tends to lead to the multiparty system or the proliferation
of political parties.

Within the Southern Africa Development Community (SADC), all of the countries
except for Swaziland and Lesotho have multiparty systems. However, the dominant-
party system is prevalent within SADC; the dominant-party system can be located in
Botswana, Mozambique, Namibia and South Africa. For the purpose of understanding
party politics in South Africa, we can study the dominant-party system. The ANC
is treated as such a party. Many are of the opinion that this is a threat to democracy
in South Africa. What is your view about this notion?

Should you wish to read more about political systems in general, you can
consult the following publications:

Duverger, M. 1967. Political parties: their organization and activity in the modern state.
London: Methuen.
Moffitt, B & Tormey, S. 2014. Rethinking populism: politics, mediatisation and
political style. Political Studies 62(2): 35–59.
Sartori, G. 1976. Parties and party systems: a framework for analysis. Cambridge: Cambridge
University Press.
Sadie, Y. 2013. Political parties and elections, in Government and Politics in South Africa
edited by A Venter and C Landsberg. Pretoria: Van Schaik. (ch 9).

14.8 SINGLE-DOMINANT PARTY SYSTEM

A single-dominant party system (also referred to as a one-party dominant system)
is described as one in which regular elections are held and one party is consistently
supported by the majority of voters. Such a majority can, however, cease to exist
at any election. Other parties are therefore free to compete in elections (although
they consistently fail to win). Single-dominant party systems are often confused
with authoritarian, one-party systems; however, in a single-dominant party system,
regular elections are held, there is open criticism of government and other parties
are not outlawed.

Examples of such systems are:

• Botswana Democratic Party since 1965

• Britain (the Conservatives from 1979-1997),
• Germany (CDU/CSU) from 1945 to 1966 and from 1982 to 1999,
• India (the Congress Party in 1947-1991, except for 1977-1979),

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• Italy (Christian Democrats from 1944-1992)

• Japan (Liberal Democratic Party from 1955-1993, 1994-2009)
• Mexico (the Institutional Revolutionary Party)
• South Africa (ANC since 1994)
• Sweden (Social Democratic Party in 1932-1976,1982-1991, and since 1994)
• Taiwan (the Nationalist Party)
• United States of America, southern states (the Democratic Party)

What constitutes a single-dominant party? Sartori (1976) maintains that such a party
must have won majorities in at least four consecutive general elections.

Pempel (1990:3–4) identified the following four prerequisites:

(1) A party must be numerically dominant (i.e. hold the majority of legislative seats).
(2) A party must enjoy a dominant bargaining position in relation to other parties
in the formation of governments.
(3) A party must be dominant chronologically (over a substantial period). That is,
a party must have won a certain number of elections within a certain period
of time.
(4) A party must have governmental domination; in other words, it must be at
the core of government and it should be in a position to carry out a historical
project.

From the prerequisites and examples, it is clear that such a system is not, in itself,
undemocratic or even harmful to democracy. As indicated in the introduction of this
theme, power is ubiquitous in politics; however, competition is vital in managing
power in a democracy. Therefore, it can be detrimental to a democracy if there is a
dominant party that limits the competition for power.

14.9 CONCLUSION
After our overview of political parties, you should now be able to discuss what a
political party is, how political parties are commonly classified in terms of the party’s
organisation and membership, how a political party is classified in accordance with
the political spectrum. How political parties act in the political system was also
discussed; you should be able to discuss the electoral system which determines the
party system. In the next study unit, we will discuss political parties in South Africa.

Should you wish to read more about this type of party system, you can consult
the following publications:

Brooks, H. 2004. The dominant part system: challenges for South Africa’s second
decade of democracy. Journal of African Elections 3(2):121–153.
De Jager, N & Du Toit, P. 2014. South Africa’s dominant-party system in comparative
perspective. Taiwan Journal of Democracy 10(2):93–113.
Giliomee, H & Simkins, C. (eds). 1999. The awkward embrace: one-party domination and
democracy. Cape Town: Tafelberg.
Giliomee, H, Myburgh, J & Schlemmer, L. 2010. Dominant party rule, opposition
parties and minorities in South Africa. Democratization 8(1):161–182.
Pempel, TJ. 1990. Uncommon democracies: the one-party dominant regime. Ithaca & London:
Cornell University Press.
Randall, V (ed). 1988. Political parties in the Third World. London: Sage.

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Sartori, G. 1976. Parties and party systems. Cambridge: Cambridge University Press:
192–201.

SELF-ASSESSMENT
(1) Explain the concept “political party”. How do different scholars define this
concept?
(2) Describe what we mean by the term “political party” and explain how these
parties function in a political system.
(3) Give examples of the different types of political parties and motivate your
choice of example in each case.
(4) Explain the notions of “left” and “right” on the political spectrum.
(5) Explain the relevance of the political spectrum for political parties.
(6) Explain the characteristics of the various party systems, especially a single-
dominant party system.
(7) Has the ANC already established a single-dominant party regime in South
Africa? Explain your answer.

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15 Political parties in South Africa

LEARNING OUTCOMES
On completion of this unit, you should be able to:

• discuss political parties in South Africa

• discuss extra-parliamentary parties
• discuss opposition parties in South Africa
• discuss the ANC as dominant party in South Africa

15.1 INTRODUCTION
In South Africa, a single party has governed with an absolute majority since the first
democratic election in 1994 – the African National Congress (ANC). The ANC will
be discussed in the context of Sartori’s explication of a single-dominant party system.
Various other political parties will be discussed in the following sections, as these
parties form part of our discussion on oppositional parties and extra-parliamentary
parties.

15.2 POLITICAL PARTIES IN SOUTH AFRICA

Party politics in South Africa is the result of various traditions, including national
liberation movements, pre-1990 parties and post-1994 parties. We can also distinguish
between parliamentary and extra-parliamentary parties. In South Africa, the African
National Congress (ANC) has been in power since the end of apartheid in 1994.
The National Party was the governing party during apartheid. The National Party
reformed into the New National Party after the 1994 elections and merged with the
ANC in 2005. The Democratic Alliance (DA) originated out of an anti-apartheid
movement from the 1970s and 1980s. The DA is particularly strong in the urban
areas and the rural areas of the Western Cape where its support has almost doubled
in some areas. The Inkatha Freedom Party (IFP) is labelled by its strong association
with the Zulu culture and is therefore particularly resilient in the KwaZulu-Natal
region. The Congress of the People (COPE) performs well in the traditionally
oppositional regions like the Western Cape; the party originated as a breakaway
party from the ANC. Several of its members defected from the ANC in sympathy
with President Mbeki’s recall in 2008. The Economic Freedom Fighters (EFF) was
formed in part as a consequence of the expulsion of Julius Malema as leader of the
African National Congress Youth League (ANCYL) in early 2012. The party’s best
electoral performance was in the North West, Limpopo province and Gauteng.

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ACTIVITY
List some of the political parties in South Africa.

39 FEEDBACK
• African Christian Democratic Party (ACDP)
• African Independent Congress (AIC)
• African National Congress (ANC)
• African People’s Convention (APC)
• Agang SA (AGANG)
• Congress of the People (COPE)
• Democratic Alliance (DA)
• Economic Freedom Fighters (EFF)
• Freedom Front Plus (FF +)
• Inkatha Freedom Party (IFP)
• National Freedom Party (NFP)
• Pan Africanist Congress of Azania (PAC)
• United Democratic Movement (UDM)

As you may have realised when listing the political parties, it is challenging to
identify the most relevant political parties in South Africa. Do you count all parties
contesting elections or only parties of significance? And which political parties do
we consider as being of significance? Which political parties should be counted
as amongst the most relevant political parties? Should we include political parties
that are unrepresented in Parliament? Sartori identified this problem when counting
parties; he explicated that not all parties can be included when counting political
parties and that parties can’t be counted in order of decreasing strength. Which
political parties can be considered strong enough electorally to be counted and
which political parties are too weak to be counted and included in our discussion?

In the next segment, we will be discussing political parties that are represented
in Parliament and non-parliamentary parties that also influence South African
politics substantially.

The governing party in South Africa will be discussed in the context of Sartori’s
explication of a single-dominant party system. In South Africa, a single party has
governed with an absolute majority since the first democratic election in 1994,
namely the African National Congress. Opposition parties will also be discussed as
part of the broader perspective on the value of opposition parties in a democracy.
The political parties discussed represent the different classifications of political
parties on the political spectrum relative to the feasibility of the political party’s
coalition building capacity or the role that they have (had) in regard to the forma-
tion of government.

15.3 THE AFRICAN NATIONAL CONGRESS (ANC)

The ANC was formed on 8 January 1912 as the South African Native National
Congress. The immediate motivations for its formation were the impending Land
Act (1913), which became the basis of territorial segregation, and the (new) Union’s
Constitution, which excluded black Africans from all citizenship rights.

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Initially, the ANC used liberal means of protest such as petitions, delegations to
decision-makers, publications and so on. In 1943, younger members such as Anton
Lembede, Oliver Tambo, Walter Sisulu, Govan Mbeki and Nelson Mandela protested
against the lack of radicalism and, as a result, formed the ANC Youth League. In
1949, they succeeded in persuading the ANC to adopt the Programme of Action as
a more radical strategy.
Up to this point in time, the ANC did not maintain any formal links with either the
Communist Party of South Africa or any trade union movement. In the following
decade, this situation gradually changed. In 1955, the Congress of the People was
held in Kliptown, Johannesburg, during which the Congress Alliance adopted
the Freedom Charter. The Alliance consisted of the ANC, South African Indian
Congress, Coloured People’s Congress, SA Congress of Democrats and the SA
Congress of Trade Unions. The Alliance became known as the Charterist movement
or Congress movement.
The immediate response to the above was that the Africanists, led by Robert Mangaliso
Sobukwe, broke away from the ANC in 1958 and formed the Pan Africanist Congress
(in 1959). The Africanists objected to the Charter’s claim that South Africa belongs
to all who live in it, black and white, and that the land shall belong to those who
work it. They were also sceptical of the communists’ influence in the ANC.
In 1960, the ANC and the PAC were both banned, (as a result of the anti-pass
campaign – the Sharpeville massacre also played a role in this decision). The following
year, 1961, under the guidance of Nelson Mandela, some of its leaders formed
the armed wing, Umkhonto we Sizwe (MK); MK’s task was to engage in armed
propaganda and guerrilla warfare. Two years later, almost all the MK leaders were
arrested and sentenced for life (the Rivonia trial). Other ANC leaders went into
exile. Milestones in its activities afterwards were the Morogoro Conference (1969)
and the Kabwe Conference (1985). The Soweto uprising (1976) provided a major
impetus for the ANC and its ranks in exile increased as a result.
During the early 1970s, the Black Consciousness Movement and Steve Biko dominated
the political scene. However, after Soweto and especially since the formation of the
United Democratic Front (UDF) in 1983, the ANC again assumed dominance. It
was finally unbanned in 1990.
Since the 1960s, the ANC has described itself as a national liberation movement,
although it has transformed to the governing party, similar to movements such as
the MPLA in Angola, Frelimo in Mozambique, the PLO in Palestine, Polisario in
Western Sahara, and so on. National liberation is interpreted as political liberation or
democratisation and socio-economic emancipation based on the Freedom Charter.
Since it’s unbanning in 1990, the ANC has developed a host of new policies, including
the Reconstruction and Development Programme (RDP); Growth, Employment
and Redistribution (GEAR), Accelerated and Shared Growth Initiative for South
Africa (AsgiSA), New Growth Path (NGP) and the National Development Plan
(NDP-Vision 2030).
The ANC’s foreign policy was traditionally based on non-alignment. According to
Habib (2009:148), the ANC’s nationalistic stature has contributed to South African
foreign policy’s focus on the African continent. South Africa has focused its energy
on the popularisation of African ideals in the international community and has
asserted its commitment to the African continent’s political stability.
In 2005, the ANC declared itself as a social democratic party. The ANC is often
referred to as a “broad church” that encompasses various ideological traditions
extending from Africanism to communism. Because the ANC varies in terms of

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its ideological positions, the party embraces practices and policies that range from
liberal, socialist, radical to moderate. Officially, it still refers to itself as a liberation
movement and not as a political party (see the Mafikeng national conference paper,
the character of the ANC – http://www.anc.org.za/ancindex.html).

It is important that we briefly discuss some important aspects of the organisational

structure of the ANC. In order to join the ANC, you must be an adult South
African citizen and every member has to belong to a branch. The ANC branches
are expected to have more than a 100 members; however, some branches have
thousands of members, especially branches in KwaZulu-Natal. The branches are
divided among municipal wards; the branches have their own leadership structure
and are responsible for arranging meetings and can undertake their own disciplinary
actions. The branches elect their leaders at branch general meetings; delegates are
sent to regional and provincial conferences where delegates vote according to the
will of the branch.

All branches are divided among geographical regions; these regions differ in size
and are named either after a person or an area. For instance, the OR Tambo region
is the second biggest region and is situated in the Eastern Cape, and the eThekwini
region is the biggest region in the country and is situated around Durban.

The regions are divided among provinces and the provinces make up the national
structure of the ANC. At this level, the size of the province is important in terms of
the internal dynamics of ANC politics. Traditionally, a province like KwaZulu-Natal
is more powerful because it has more members and branches, meaning that it has
more delegates, which is advantageous at electoral conferences. The provinces usually
hold an elective conference every three years, these conferences determine which
leaders the province will support at the national level. Every five years before South
Africa’s national election, the ANC holds a national conference where new leaders
are elected. Provincial structures can request a special congress where the president
of the ANC can be deposed, provided that five of the nine provinces support it and
the leader is elected by the majority of the delegates.

Why is the leadership of the ANC so important? Firstly, it is important to note that
the ANC consists of two historical ideological traditions or factions, namely the
nationalist tradition and the left-leaning socialist tradition; the leader of the ANC
has a pivotal role in terms of reconciling the different ideological traditions to the
centre. Former ANC president Thabo Mbeki was able to reconcile the different
traditions in the ANC; however, free-market policies introduced during the Mbeki
presidency antagonised factions within the ANC which lead to his removal. President
Jacob Zuma was able to reconcile the nationalist and left-leaning factions within the
ANC which brought him into power. However, many reactionary theories suggest
that leadership can have an important role in relation to the electoral performance
of the ANC. These reactionary notions suggest that leaders can become an electoral
liability for a political party.

Should you wish to read more about the ANC’s candidate selection process,
you can consult:

Giollabhu, SM. 2011. How things fall apart: candidate selection and the cohesion of
dominant parties in South Africa and Namibia. Party Politics 19(4):577–600.

At its 1997 National Conference in Mafikeng, the ANC decided that the National
Conference must convene every five years. Before then, conferences were held in

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Durban (1991) and Bloemfontein (1994). The National Conference is the ANC’s
highest decision-making body; this is the body that elects 86 office-bearers to the
National Executive Committee (NEC). A national general council meeting must be
held within three years of a national conference. Between the conferences, the NEC
is the highest decision-making body. The NEC consists of six officials or “top six”
plus an additional 80 members. The NEC is responsible for running the party. What
is the role and functions of leaders in the ANC? It is important to note that the ANC
has six important leadership positions on a national level that we will briefly discuss.
The positions include the president, deputy president, secretary-general, deputy
secretary-general, national chairperson and treasurer-general. The president and
deputy president posit the power in the party. Since 1994, the president of the ANC
is also the president of South Africa; the occupants of these positions are involved in
government activities and are not involved in the day-to-day activities of the party.
However, the secretary-general has no government position and is involved in the
day-to-day activities of the party. At the time of writing, Gwede Mantashe is the
secretary-general of the ANC; he is responsible for the ANC’s political position in
the public sphere. The national chairperson is responsible for chairing the National
Executive Committee. The NEC usually meets once every two months; however,
special meetings are called for specific reasons. The treasurer-general is responsible
for the management of the party’s general finances, which is important for election
campaigns.
The NEC’s management group is the National Working Committee (NWC). The
NWC is a smaller committee which is separate from the NEC. The NWC consist
of the ANC’s “top six” officials plus 20 additional NEC members. The NWC meets
more regularly and acts on the instructions and decisions of the NEC.
The ANC policy is directed by its agenda called the National Democratic Revolution
(NDR). The NDR is an integral part of the ANC’s historical project to correct
“historical injustices” by addressing existing economic and social relationships.
How does the NDR transmit and articulate the ANC’s views? The NDR is based
on the idea of “colonialism of a special type”, which described South Africa as
two separate political and economic entities in which the white population was an
“imperialist state” and the black population was its “colony”. This theory is integral
to understanding why the ANC emphasises that the NDR is necessary to liberate
the black population from what is referred to as “political and economic bondage”.
The ANC’s conviction is to create a new society that is based on the primary ideas of
the Freedom Charter. The ANC regularly recommits itself to the NDR by adopting
Strateg y and Tactics documents at various national conferences. (You can consult the
listed policy documents at: http://www.anc.org.za/list.php?t=Policy Documents.)
The ANC has been dominant electorally; however, the party has had to concede
some of its power to the DA in the Western Cape (2009 and 2014) and to the IFP
in KwaZulu-Natal (1994 and 1999). During the 2016 local government elections,
the ANC’s electoral support dropped by eight percentage points; the party also lost
control of four of the country’s eight metros to the DA.

15.3.1 ANC as a single-dominant party

After winning a fifth consecutive election in 2014, the ANC established its dominance
at the election polls and reaffirmed the party’s dominance in South Africa. Can
South Africa be described as a single-dominant party system? According to the
interpretations of Giliomee and Simkins (1999) of the dominant party approach, a
political party that dominates repetitively at the polls generates a single-dominant

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party system. These scholars also argue that a dominant party typically heads the
formation of government and determines the public agenda. These scholars argue that
there is an inherent tension between single-dominant party systems and democracy,
because dominant parties can abuse their powers and the democratic system can
become authoritarian.

The ANC has been treated as such a party that has concentrated its power by
subverting the independence of state institutions through the deployment of party
loyalist (also known as cadre deployment) to public institutions. A strict interpretation
of the dominant approach is that control of public institutions through the use of cadre
deployment by the ANC is a form of “democratic centralism”. Many scholars are of
the opinion that a single-dominant party system can be detrimental to democracy;
they maintain that dominant parties become unaccountable, because these parties
can become abusive of their powers, which can threaten the principles of democracy.
However, it is important to note that the dominant party approach is limited only
to explaining the behaviour of the ANC as a ruling party; however, the approach
explicates very little of the internal changes within the ANC and the social forces
it represents or the political dynamics that influence the ANC.

The ANC’s electoral dominance however has been declining; the ANC’s modest
performance during the 2016 local government elections has indicated a significant
decline in the party’s brand. During the 2016 local elections, the ANC conceded
power to the DA-lead coalitions in some metropolitan areas, specifically in the City
of Tshwane (Pretoria), Johannesburg and Nelson Mandela Bay. The ANC failed to
win the City of Cape Town and the DA retained power over the city. The ANC’s
decline in the metros reaffirmed the party’s dependence on rural support. Leading
up to the 2014 national election, the ANC has been struggling to arbitrate several
political events and challenges. The ANC has been critiqued for continuously failing
economic policies and the party’s inability to reduce the unemployment challenge.
Since President Jacob Zuma’s inauguration, the ANC’s standing has been marred
by charges against Zuma of personal corruption, the arms deal and the Nkandla
scandal, the shooting of striking mineworkers at Marikana and the Gupta family’s
special relationship with the ANC and Jacob Zuma.

Reactionary theories question the electoral decline of the ANC: How will the ANC
counter its declining dominance in the future? If the ANC’s dominance declines
will the ANC use authoritarian measures to maintain power? How will its demise
impact policy and government? Will the ANC lean towards more nationalist or
populist policies?

Should you wish to read more about the ANC, you can consult the following
sources:

http://www.anc.org.za
ANC Today, its online journal on the mentioned website, Mayibuye (http://www.anc.
org.za/list.php?t=Mayibuye), its official publication, Umrabulo (http://www.anc.
org.za/list.php?t=Umrabulo), also a periodical publication.
Booysen, S. 2015. Dominance and decline: the ANC in the time of Zuma. Johannesburg:
Wits University Press.
McKinley, DT. 1997. The ANC and the liberation struggle: a critical political biography.
London: Pluto.
Ebrahim, H. 1998. The soul of a nation: constitution-making in South Africa. Cape Town:
Oxford University Press.

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Giollabhu, SM. 2011. How things fall apart: candidate selection and the cohesion
of dominant parties in South Africa and Namibia. Party Politics 19(4):577-600.
Kotzé, D. 2000. From national liberation movement to political party: interest
aggregation by the ANC as government and as political party, in Elections and
democracy in Southern Africa, edited by H Kotze and BE Rasch. Oslo: Norwegian
Institute of Human Rights.
Kotze, H & Greyling, A. 1991. Political organisations in South Africa: A-Z. Cape Town:
Tafelberg.
Lodge, T. 1999. Policy processes within the African National Congress and the
Tripartite Alliance. Politikon 26(1):5–32.
Rantete, J. 1998. The African National Congress and the negotiated settlement in South Africa.
Pretoria: Van Schaik.
Van Niekerk, P & Ludman, B (eds). 1999. A-Z of South African politics 1999: the essential
handbook. Johannesburg: Penguin.
Southall, R. 2014. From liberation movement to party machine? The ANC in South
Africa. Journal of Contemporary African Studies 32(3): 331–348.
Southall, R. 2014. Zuma: party leadership as electoral liability. Review of African Political
Economy 41(140): 323–331.

15.4 OPPOSITION PARTIES IN SOUTH AFRICA

In the next part of our discussion, we will discuss the status of opposition parties
in South Africa. Views about opposition in South Africa oscillate between the two
traditions. The ANC refuses to call itself a political party and insists on being a
national liberation movement. It views itself as the custodian of a historical obligation
to implement the National Democratic Revolution, which is qualitatively more than a
conventional party or government policy programme but a blueprint for fundamental
societal transformation. It means that the ANC does not see itself functioning on the
same level as other political parties, and therefore its views of political opposition is
ambivalent. Cognitively, it accepts opposition as a necessary element of democracy,
but the ANC finds it difficult to regard them as legitimate representatives of the
broad society, and reduce them to spokespersons of minority and sector interests.

15.4.1 Westminster tradition

This orientation can be related to Robert A. Dahl’s notion of party political
contestation. The main premises in this tradition are, firstly, that constitutionalism
requires checks-and-balances to prevent possible abuse of state power. The opposition
is one of the key instruments in this regard. The second premise is that political power
corrupts and therefore regular rotation of the government is necessary. Multiparty
elections are therefore indispensable so that the opposition can become the next
government. In this framework, the task of the opposition is therefore to be critical,
act as a watchdog and try to win over supporters from the governing party. Tony
Leon, leader of the DP/DA, personified this approach.

15.4.2 Constructive tradition

This tradition concentrates on cooperation, consensus and unification. It is expected
that the opposition should be constructive and their criticism should engage the
government in dialogue, instead of criticizing it from a distance. According to Kotzé
(2011:5), this tradition is partly informed by the notion of Nyerere and others in the

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1960s that political opposition parties undermine the post-independence project of

state-building and national development.

15.5 DEMOCRATIC ALLIANCE (DA)

The DA is the official opposition party in Parliament and is also the governing party
in the Western Cape province. The DP and its successor, the DA, articulate the liberal
tradition in South Africa. It follows in the footsteps of the Progressive Party (1959),
the Progressive Reform Party (1975), the Progressive Federal Party – PFP (1977)
and ultimately the Democratic Party (1989). The DP was a merger between the PFP,
Independent Party (leader – Denis Worrall) and National Democratic Movement
(leader – Wynand Malan). In 2000, it merged with the NNP and Federal Alliance to
form the Democratic Alliance. The party has included people such as Helen Suzman,
Colin Eglin, Douglas Gibson, previous leaders Tony Leon and Helen Zille, who is
the premier of the Western Cape. At the DA’s 6th federal congress in 2015, Mmusi
Maimane was elected as the DA’s first black leader.

The DA’s liberalism is characterised by strong free-market economic views and is

supportive of a decentralised or limited state. The DA’s agenda is based on its vision
to establish an “open opportunity society in which every person is free, secure and
equal, where everyone has the opportunity to improve the quality of his life and
pursue her dreams, and in which every language and culture has equal respect and
recognition”.

Its party structure is also federal in nature and therefore its provincial structures –
especially in Gauteng and the Western Cape – are very important. The party’s main
principles are based on the following:

• the fundamental rights and freedoms of every person – including the right to
freedom of conscience, speech, association, and movement
• the rejection of unfair discrimination on any grounds and the redress of past
discrimination
• the supremacy of the South African Constitution and the rule of law
• the language, cultural and religious rights of individuals and the communities
they create through free association
• equality before the law
• the separation of legislative, executive and judicial power
• a judiciary, justice system and prosecuting authority that are independent
• elections that are regular, free and fair
• representative and accountable government elected on the basis of universal
adult suffrage
• the devolution of power to locate government as close as possible to the people
• the clear division between the ruling party and the state
• respect for the right of a vibrant civil society and a free media to function
independently
• the rejection of violence and intimidation as a political instrument
• the right of all people to private ownership and to participate freely in the market
economy
• the progressive realisation of access to housing, health services and social security
for all people who are unable to help themselves
• the protection and conservation of the environment
• the right of all people to protection by the state from crime and violence
• access to education and training

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In the 1994 general election, it received only 2 percent of the electoral support and,
therefore, ten members in Parliament. Its then leader, Tony Leon, was invited to join
the GNU, but declined in favour of a role as a critical opposition party. By the time
of the 1999 general election, the NNP had lost the core of its support and the DP
consequently increased its support to 9 percent, based on the slogan of “Fighting
Back” and as the only viable alternative to the ANC. Some criticised this slogan
negatively on how he run the party. A widespread view at the time was that the DP
managed to consolidate the white electoral constituency, a constituency that, on the
political spectrum, ranged from the right to the centre.

In anticipation of the local government election in December 2000, the DP, NNP
and the small Federal Alliance of Louis Luyt established the DA. Leon became the
leader and the NNP leader, Marthinus van Schalkwyk, his deputy. Internal strife
during 2001 resulted in the NNP withdrawing from the alliance at the end of that
year and concluding a cooperative agreement with the ANC.

Since the 1999 election, the DA has been positioned as the official opposition party
in South Africa. The DA shifted its perception as an “oppositional” party to a “party
of government” during the 2006 local election when the DA managed to consolidate
and take control of the mayoralty in Cape Town. In 2009, the party secured the
Western Cape with 48,78 percent of the votes. During the 2009 national election
campaign, the party used “Stop Zuma” as its slogan, the DA received 16,66 percent
of the electorates’ support. The DA managed to increase support by 5,57 percent to
achieve a total of 22,23 percent during the 2014 election. During the 2014 election,
the DA increased support in the Western Cape by 8,48 percent totalling 57 percent
of the votes. The DA dislodged the IFP in KwaZulu-Natal by becoming the official
opposition in the province. The DA’s increase in electoral support has statistically
suggested the DA’s racial supported base has become more diverse.

The DA is the only party that challenges the ruling ANC nationally; being the
official opposition in the majority of the provinces. However, in the North West and
Limpopo provinces, where the EFF is the official opposition, the DA has not been
able to increase a sufficient amount of support to secure second spot.

The DA still struggled to secure more votes during the 2014 election in the other
provinces; 62 percent of its voter support base resides in Gauteng and the Western
Cape. A critique of the DA has been that it has not been able to breach beyond its
traditional regions of support. In provinces like Gauteng and the Western Province,
its core constituency has reached its limit. It will remain a challenge for the DA to
gain support from other constituencies. Essentially, the DA has increased support
marginally, but not to the deficit of the ruling party. It has been able to win support,
but it still struggles to attain support from the ANC constituency and to consolidate
new constituencies while retaining its core constituency.

The DA’s electoral performance increased considerably between the 2006 (16,23
percent) and 2011 (23,94 percent) local government elections – the DA grew 7,71
percent. Between the 2011 and 2016 local government elections, the DA only
managed to increase its support by 2,95 percent to total 26,89 percent of the total
vote. However, during the 2016 local government election, the DA managed to
obtain a majority in Johannesburg, Ekurhurleni, Tshwane and Nelson Mandela Bay
metro councils by forming coalition governments with other opposition parties.
The DA’s capacity to form a government maintains the narrative that the DA is the
party that challenges the ruling ANC nationally.

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Is the DA an alternative to the dominant party in South Africa? The DA’s electoral
performance suggests that it’s the only party that’s electoral support has been
increasing. As suggested earlier in our discussion, identity politics is an important
stimulus in South African politics, in particular race politics. Despite the DA’s
continued growth during elections, the DA has still limited success to appeal to
black voters and to manifest the party as a viable opposition that represents the
interest of black voters. Voters have been predisposed to support political parties
that represent their racial preferences, meaning that political parties’ policies and
manifestos tend to get less consideration.

However, the DA’s most prudential role as opposition party has been its ability to focus
on accountability for corruption; the DA has managed to utilise different processes
to expose illegalities in government. In relation to the role of opposition parties in
a democracy, the DA together with other political parties has been a fundamental
role player in countering the abuse of power.

Should you wish to read more about the DA, you can consult the following
sources:

http://www.da.org.za
http://www.da.org.za/wp-content/uploads/2013/12/DA-Federal-Constitution-
approved-by-Congress-9-May-2015.pdf
Focus (publication of the Helen Suzman Foundation, http://www.hsf.org.za)
Kotze, H & Greyling, A. 1991. Political organisations in South Africa: A-Z. Cape Town:
Tafelberg.
Leon, T. 1998. Hope and fear: reflections of a democrat. Johannesburg: Ball.
Reynolds, A (ed). 1994. Election ‘94 South Africa: the campaigns, results and future prospects.
New York: St. Martin’s Press.
Sadie, Y. 2013. Political parties and elections, in Government and politics in South Africa
edited by A Venter and C Landsberg. Pretoria: Van Schaik. (ch 9).
Schulz-Herzenberg, C. 2014. Voter participation in the South African elections of 2014.
Institute for Security Studies.
Southern, N. 2011. Political opposition and the challenges of a dominant party
system: the Democratic Alliance in South Africa. Journal of Contemporary African
Studies 29(3): 281–298.
Suzman, H. 1993. In no uncertain terms. Johannesburg: Ball.
Van Niekerk, P & Ludman, B (eds). 1999. A-Z of South African politics 1999: the essential
handbook. Johannesburg: Penguin.

15.6 THE ECONOMIC FREEDOM FIGHTERS (EFF)

The EFF was formed in part as a consequence of the expulsion of Julius Malema as
leader of the African National Congress Youth League (ANCYL) in early 2012, after
having been elected as leader of the ANCYL in 2008. The EFF merged with the
September National Imbizo (SNI) lead by Andile Mngxitama. The EFF’s formation
was lead by Julius Malema, Floyd Shivambu and Mbuyiseni Ndlozi, based on their
discontent with the ANC’s commitment to the Freedom Charter.

The expulsion came after Julius Malema’s comments about the Botswana government
and other critical comments about Jacob Zuma in relation to his predecessor, Thabo
Mbeki. Malema and the others were expelled, because they challenged the ANC’s
view that they enjoyed very little political power within the ANCYL, because the

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League, among other alliances, cannot act autonomously in relation to the mother
body, the ANC.

The EFF was largely founded on this particular political opposition to Jacob Zuma,
which started when Julius Malema was in the ANC. The ostracism of Julius Malema
largely contributed to his political ambitions and the ambitions of the EFF. The critical
opposition to Jacob Zuma relates to these political ambitions, which motivated the
EFF’s focus on corruption, poor governance and service delivery issues during its
first election campaign in 2014.

The EFF presents itself ideologically as being a Marxist-Leninist party, which is

influenced philosophically by the views of Fanon and the decolonial discourse
(Shivambu 2014:77). The EFF comprises diverse ideological views – some observers
have noted that the EFF’s ideological views are inherently contradictory as it is
sympathetic towards both the Charterist stance and the African agenda.

Marxism is distinguished from other theories and doctrines by its insistence on

answering the question: “What is to be done?” The EFF’s founding People’s Assembly,
which was the genesis of the organisation, was premised on the standpoint of this
question: “What is to be done?”

The EFF describes its philosophical views to be founded on radical pan-nationalism

or national (black) consciousness and progressive internationalism. The EFF positions
itself on the left of the political spectrum, but can only partially be associated with
socialism. During the 2014 election, the party concentrated on the economy and
philosophical issues as part of their campaign strategy. The economy serves as
the means by which the EFF seeks to transform society, by focusing on mainly
the following policy options that it adopted in 2013 to 2014 at its first people’s
assembly: land expropriation and redistribution without compensation, as well
as the nationalisation of mines, banks and other strategic sectors of the economy
(Shivambu 2014:62).

The EFF is founded on parts of the Freedom Charter of the ANC, firstly that “South
Africa belongs to all who live in it” and that the wealth of the people “shall be restored
to her people”. The EFF proclaims that it strongly supports “the expropriation of all
land without compensation ... which shall be owned by the state and the nationalization
of all mines, mineral resources, and all the strategic sectors and enterprises which
are currently in private hands”; however, much of the EFF policy has been described
as a kind of state capitalism. These policies target a growing constituency in South
Africa – the youth, and in particular, the unemployed it seems.

The EFF’s agenda for all levels of political activity is guided by what is referred to
as the Seven Non-Negotiable Cardinal Pillars:

(1) Expropriation of South Africa’s land without compensation for equal

redistribution
(2) Nationalisation of mines, banks and other strategic sectors of the economy
(3) Building state and government capacity, which will lead to abolishment of
tenders
(4) Free quality education, healthcare, houses and sanitation
(5) Massive protected industrial development to create millions of sustainable jobs
(6) Massive development of the African economy and advocating for a move
from reconciliation to justice

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(7) Open, accountable government and society without fear of victimisation by

the state, defence, police and other agencies.

The EFF’s organisational structure consists of a “National People’s Assembly”,

which elects the Central Command Team (CCT). At provincial, regional and branch
level, the specific People’s Assembly elects a command team. The National People’s
Assembly (NPA) is the highest decision-making body of the EFF. The National
People’s Assembly is held every five years and elects the president, deputy president,
secretary-general, deputy secretary-general, national chairperson, the treasurer-
general and 35 additional commissars to the CCT. What is the role and functions
of CCT? The CCT is made up of six representatives plus 35 additional members,
the CCT is highest decision-making body in between National People’s Assemblies
and is lead by the commander in chief (president), which is the executive head of the
EFF. The day-to-day activities of the EFF is managed by The War Council, which
is constituted by nine elected members of the CCT, together with the president,
deputy president, secretary-general, deputy secretary-general, national chairperson
and treasurer-general.

The EFF held its first National People’s Assembly in December 2014 where the
following executive members were elected: President and Commander in Chief:
Julius Sello Malema, Deputy President: Floyd Nyiko Shivambu, Secretary-general:
Godrich Ahmed Gardee, Deputy-secretary: Hlengiwe Hlophe-Maxon, Treasurer:
Magdeline Moonsammy, National Chairperson: Dali Mpofu.

The EFF has legitimised itself as an opposition party, because the party originated
from within the alliance of the ruling party. The fact that the EFF and COPE have in
the past elections legitimised themselves as opposition parties indicates that legitimate
opposition is no longer limited to the South African Communist Party (SACP) and
Congress of South African Trade Unions (COSATU) inside the tripartite alliance.

The EFF secured 6,35 percent of the votes during the 2014 NPE. Given the fact
that the party was started in 2013, the EFF did moderately well. Since the inception
of the EFF, it has assertively campaigned in opposition to President Jacob Zuma
and the ruling ANC. Given the decimation of COPE and its internal squabbles, the
EFF has effectively replaced COPE as the party with the third most votes during
the 2014 NPE. The party’s best electoral feat was in North West and Limpopo
provinces, where it dislodged COPE to become the official opposition party in these
provinces. Some commentators have observed that the EFF’s rapid growth could
be ascribed to the rise of populism in South Africa. In Gauteng, the EFF’s election
campaign proved relatively successful as 40 percent of its voter support came from
that province. How did the EFF do in the 2016 local government elections? The
EFF managed to secure 8,25 percent of voters’ support, the party grew marginally
since the 2014 national election.

Should you wish to read more about the EFF, you can consult the following
sources:

http://effighters.org.za/#
Economic Freedom Fighters. 2013. “About Us”. Available at: effighters.org.za/
about-us/
Economic Freedom Fighters. 2014. “Economic Freedom Fighters’ People’s Declaration
of the First National People’s Assembly”. Press Release, 13-16 December.
Available at: effighters.org.za/economic-freedom-fighters-peoples-declaration-
of-the-first-national-peoples-assembly/.

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Shivambu, F. 2014. The coming revolution: Julius Malema and the fight for economic freedom.
Johannesburg. Jacana Media.
Mbete, S. 2015. The Economic Freedom Fighters- South Africa’s Turn Towards
Populism? Journal of African Elections. 14(1): 35–59.

15.7 CONGRESS OF THE PEOPLE (COPE)

On 16 December 2008, COPE was formed in Bloemfontein after President Thabo
Mbeki was forced to resign as president by the ANC in September 2008. In solidarity
with former president Thabo Mbeki, several ministers and deputy ministers resigned
(including Mosiuoa Lekota and Mluleki George and the Gauteng Premier, Mbhazima
Shilowa). Southall (2009: 174-175) explains that Lekota and Shilowa (known as
“Shikota”) took the lead and convened the National Convention on 1 November 2008
in Sandton. President Zuma’s personal lifestyle, his association with former ANC
Youth League President, Julius Malema, the belief that the ANC was deviating from
its core values, as encapsulated in the Freedom Charter, alleged unethical conduct
of the ANC leadership elected in 2007 in Polokwane, and the threat it posed to the
national Constitution were the main critical views held against the ANC and for the
formation of a new organisation. According to Ebrahim and Sarakinsky (2015:69), “the
most significant breakaway and formation of a new political party was that of Cope
in 2008”; the general interpretation is that the origin of COPE is a fragmentation of
the ANC. These fragmentations are in line with previous historical splits from the
ANC like the Africanists under Robert Sobukwe, who formed the PAC in 1959; the
ANC (African Nationalists) or “Gang of Eight”, lead by Tennyson Makiwane in 1975;
the Marxist Workers’ Tendency in the ANC including Martin Legassick and Paula
Ensor and, lastly, the UDM, which was formed in 1996 by Bantu Holomisa. Some
scholars were of the opinion that a socialist or leftist party, formed by COSATU
and the SACP, would reduce the ANC to a centrist party; however, the formation
of COPE was, ironically, the disposition to the right that exited the ANC.

COPE’s electoral performance has been sombre since its inception; the party’s
electoral performance has been declining due to several factors, including the lack
of policy direction, a vague ideological affiliation, its political strategy and a very
negative leadership. The party only managed to retain three seats in the National
Assembly after the 2014 national elections in relation to the 30 seats the party had
after the 2009 national election. The party has been besieged by factionalism, COPE
hasn’t been able to mitigate factional contestation through the use of formal internal
procedures and processes. This has lead to the exodus of many of its members to
the parent party, the ANC, which has essentially impacted on its decline.

Should you wish to read more about COPE, you can consult the following
sources:

http://www.congressofthepeople.org.za/
Ebrahim, F & Sarakinsky, I. 2015. A brief history of factionalism and new party
formation and decline in South Africa–the case of Cope. Journal of African
Elections: South Africa’s 2014 Elections 14(1): 60–84.
Kotzé, D. 2011. General analysis of the local government election 2011. Unisa: Department
of Political Science.
Southall, R & Daniel, J (eds). 2009. Zunami! The South African elections of 2009. Auckland
Park: Jacana & Konrad-Adenauer-Stiftung
Southall, R. 2001. Opposition in South Africa: Issues and Problems. Democratization
8(1):1–24.

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Southall, R. 2004. Political change and the black middle class in democratic South
Africa. Canadian Journal of African Studies 38(3): 521–542.
Southall, R. 2009. The Congress of the People: Challenges for South African
democracy. Representation 45(2): 173–191.

15.8 INKATHA FREEDOM PARTY (IFP)

The IFP of today originated in 1928 as Inkatha yakwa Zulu, a Zulu cultural
organisation established by King Solomon ka Dinizulu. It could not sustain itself
and disappeared after a few years. In 1975, it revived as Inkatha, a Zulu cultural
liberation movement, led by Chief Mangosuthu Buthelezi. Buthelezi had been a
member of the ANC Youth League in the 1950s at Fort Hare University. Inkatha’s
resurgence was supported by the ANC, who saw it as a means of gaining influence
in Bantustan politics and establishing a stronger internal presence in the country.
For decades Buthelezi consistently called for the release of the Rivonia prisoners
and Nelson Mandela in particular. Indeed, he refused to participate in any National
Party constitutional initiative in the absence of such releases. Instead, he initiated
his own: first the Buthelezi Commission in 1980-1982 and later the KwaZulu-Natal
Indaba. Its proposals became one of the blueprints for a federal option in South
Africa. Inkatha’s relationship with the ANC soured in 1979, after a meeting between
Buthelezi and the ANC leader, Oliver Tambo, in London. Inkatha did not support
the ANC’s use of the armed struggle and its call for international economic sanctions.

After this, Inkatha, as the majority party and government in KwaZulu homeland,
became a major opponent of the ANC. Since 1983, conflict between the UDF and
Inkatha in the province and later also in the Witwatersrand area, amounted to a
low-intensity civil war. Between 1990 and 1994, the ANC and IFP used any means
at their disposal to fight each other.

At Inkatha’s congress in August 1990, the movement transformed itself into a non-
racial political party, called the Inkatha Freedom Party (IFP). Buthelezi was later
elected as its president. The party’s manifesto proclaimed a multiparty, non-racial
and democratic South Africa supported by a free-market economic system. It also
articulated a vision of a federal state.

Between 1991 and 1996, the IFP maintained an awkward position in the constitutional
negotiation process. In 1992, it left the process and formed the Concerned South
Africans Group (COSAG) as an alliance of organisations that was sceptical of the
negotiations. Later, it transformed into the Freedom Alliance. The ANC and IFP’s
fight over the future nature of the state (unitary versus a federal dispensation),
recognition of the IFP’s power base and the role of traditional leaders, often dominated
the negotiations. In 1994, they reached a peace agreement, which enabled the IFP
to participate in the general elections.

After the elections, the IFP joined the GNU with its 10 percent electoral support.
They received three ministerial posts, including Buthelezi as Minister of Home
Affairs. The IFP also won the majority in the KwaZulu-Natal provincial legislature.

In the 1999 general election, the IFP sustained its support and was invited by the
ANC to continue in the national government. At provincial level, the IFP and ANC
also formed a coalition government in KwaZulu-Natal.

The IFP’s main support is in the rural areas in northern KwaZulu-Natal. It still
depends largely on support by traditional leaders (amakhosi). Buthelezi has developed

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into such a personality in the IFP that, to date, no successors have appeared on the
scene. The IFP’s decision, in 1991, to become a non-racial party, has not yet produced
tangible results and it remains mainly a regional or provincial party of Zulu-speakers.

The IFP, which after the 1994 election governed Kwazulu-Natal, has been dislodged
not only from its position as the governing party in the province, but also by the DA,
which is the official opposition party in the province. Several political parties like
the IFP and FF+, which enjoyed relative support during the 1994 election, has lost
its relevance. Several factors have influenced the party’s demise, including the fact
that the ANC’s presidential candidate, Jacob Zuma, is of Zulu origin and that the
IFP’s identity and policies are very exclusive and outdated. The party’s leadership has
often been criticised for not adapting to the development of the party, as the party
is mostly based on regional and ethnic aspirations. These factors contributed to the
breakaway of some of its leadership to form the National Freedom Party (NFP).

Should you wish to read more about the IFP, you can consult the following
sources:

http://www.ifp.org.za
Buthelezi, M. 1990. South Africa: my vision for the future. London: Weidenfeld & Nicholson.
Gastrow, S. 1986. Who’s who in South African politics. Johannesburg: Ravan.
Hamill. J. 2004. The elephant and the mice: election 2004 and the future of opposition
politics in South Africa. Round Table 93(377): 691–708.
Kotze, H & Greyling, A. 1991. Political organisations in South Africa: A-Z. Cape Town:
Tafelberg.
Maré, G & Hamilton, G. 1987. An appetite for power: Buthelezi’s Inkatha and the politics
of loyal resistance. Johannesburg: Ravan.
Mzala. 1988. Gatsha Buthelezi: chief with a double agenda. London: Zed Books.
Van Niekerk, P & Ludman, B (eds). 1999. A-Z of South African politics 1999: the essential
handbook. Johannesburg: Penguin.

ACTIVITY
(1) Discuss why the ANC as a political party is often described as a “broad
church”.
(2) Explain, in one paragraph, why the DA is considered to be the main pro-
tagonist of liberalism in South Africa. Do you consider the DA as the main
protagonist of liberalism in South Africa?
(3) Discuss the major political parties in South Africa.
(4) Discuss, in a two paragraphs, the ideological and philosophical orientation
of the EFF and how it influences the role of the party.

15.9 EXTRA-PARLIAMENTARY PARTIES

Extra-parliamentary parties and movements in South Africa cover an extremely
wide and diverse area, and it is impossible to discuss all of them here. Some of them
are issue-based parties (e.g. women’s parties or environmentalist parties), some are
religious-based (e.g. the Islamist parties or the Christian parties) and some are social
movements (e.g. Landless People’s Movement or the Treatment Action Campaign
for HIV/AIDS). An extra-parliamentary formation of great significance for party
politics and governance in South Africa is the Tripartite Alliance between the ANC,

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South African Communist Party (SACP) and the Congress of South African Trade
Unions (COSATU). The nature of this alliance is an intensely debated topic. Please
make a point of reading about this debate (see later for recommended sources).

In our discussion of the ANC, we have already mentioned the Congress Alliance
and the Freedom Charter (1955). They established the foundation of the Tripartite
Alliance in years to come. In the 1960s, the inclusion of the armed wing Umkhonto
we Sizwe extended the alliance. By the early 1970s, the Alliance consisted of the
ANC, SACP and the South African Congress of Trade Unions (SACTU). Most of
the Alliance’s activities were conducted in exile and usually within the ANC’s NEC
and its Revolutionary Council.

A new dimension was added when the UDF was established in 1983. In 1985,
COSATU was formed as a trade union federation. Together with other organisations,
they operated as the Mass Democratic Movement (MDM). In the late 1980s, regular
contacts between the MDM and the Alliance members prepared the re-introduction
of the Alliance. The new Tripartite Alliance was formed in 1990 as a formal alliance
in the form of the ANC, SACP and COSATU; these are distinctive groups with
independent membership and constitutions but work together.

The Tripartite Alliance is mostly an informal arrangement with regular meetings,

indabas and workshop among the Alliance. The Alliance partners share the same
ideals, but have different ways of achieving it. During elections, the ANC positions
SACP and COSATU members on its party list to be elected to Parliament and then
appointed to the cabinet. Many of the SACP and COSATU officials are represented in
Parliament and have to vote according to ANC positions, which can cause contention.
On the ANC’s parliamentary list of candidates in 1994, COSATU received a quota
of 20 places while the SACP was also well represented on the list. Similarly, many
SACP and COSATU officials are elected to positions in the ANC NEC as a political
method to coordinate the Alliance and to ensure representation of the Alliance in
the NEC, because the NEC is such an important role player.

How should the Alliance be interpreted? The Alliance and its members adhere to
the idea that the strength of the Alliance is its representative nature. The Alliance
represents all factions of society in government; the “leftist” factions are represented
by the SACP, the workers are represented by COSATU and the ANC represents the
“people”. Some observers are of the opinion that the Alliance is a means by which
the ANC marginalised viable and alternative competition from competitive factions
of society from competing with the ANC during elections. This argument holds
ground in reference to other African states like Zimbabwe and Zambia where the
main opposition parties originated from labour unions.

The Alliance produced its most impressive results before the 1994 general election.
COSATU took the initiative in the preparation of the Reconstruction and Development
Programme (RDP), as the basis of the ANC’s election campaign and as its philosophy
for development and transformation in South Africa.

Will the Alliance ever break up? A major test for the Alliance’s durability came
in 1996, when the ANC-government announced a new macro-economic strategy:
Growth, Employment and Redistribution (GEAR). The Alliance partners were not
consulted in its preparation and they interpreted GEAR as a significant swing to
the right on the part of the ANC (because the Alliance partners regard GEAR as a
neoliberal economic philosophy). During the adoption of GEAR, both COSATU and

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the SACP openly and publicly criticised the ANC. Hence, the continuing speculation
about a split in the Alliance.

In 1999 and 2001, the ANC’s NEC discussed documents, which included stinging
criticism of COSATU. The ANC accused COSATU of serving only its own interests
at the cost of national interests and of considering the formation of a left workers’
party in opposition to the ANC. During this period, COSATU threatened to
mobilise workers and initiate strikes and stay away actions in protest to GEAR;
however, the trade union still supported the ANC during the 2004 national and
2006 municipal elections. The ANC government has been sympathetic towards
more state intervention; however, the macro-economic policy of government still
endorses free enterprise.

Many observers are of the opinion that the Alliance sustains the ANC’s majority
during elections. COSATU is able to organise majorities for the ANC and within
the ANC. Leading up to the 2007 Polokwane five-yearly national conference of the
ANC, the leaders of COSATU, together with the SACP and Jacob Zuma coalition,
was able to oust Thabo Mbeki as president of the ANC. The ANC NEC, soon after,
forced Mbeki to resign as president of South Africa.

After President Jacob Zuma’s accession to power in 2009, several members of the
SACP have been appointed to the highest decision body in the ANC (NEC and
NWC) and in government, which has influenced power relations in the Alliance.
The ousting of Mbeki was significant in South African politics; the “two centres
of power” or the “state vs party” was obvious during the removal by the ANC of
the head of state. Mbeki’s removal from office signified the capacity of the ANC
executive body and Alliance to influence state practice at the highest level. Some
regard the Alliance as a vehicle that gives the SACP and COSATU privileged access
to power and decision-making; still others regard the government as being a coalition
between the three.

Because opposition parties are limited in holding the ANC accountable in Parliament,
the Alliance has become a key space of policy debate. The Alliance has been influential
to the success of the ANC’s electoral performance in all post-apartheid elections,
as the SACP and COSATU mobilises support from its constituencies. After the
2009 national election, leftist SACP and COSATU have been critical of the ANC’s
economic policies and, specifically, the lifestyles of members of the ANC. Some are
of the opinion that the Alliance will possibly split and that a leftist workers’ party
will participate independently during elections. It has always been difficult to predict
the future of the Alliance, because of the fission that regularly indicates signs of
fragmentation, which is consolidated.

15.10 CONCLUSION
In this study unit, we discussed the main political parties and extra-parliamentary
parties in South African politics and came to the conclusion that different dynamics
impact South African politics. Party politics in South Africa is the result of various
traditions, including national liberation movements, pre-1990 parties and post-1994
parties. We can conclude that there is a difference between the role of parliamentary
and extra-parliamentary parties. In South Africa, the African National Congress
(ANC) has been in power since the end of apartheid in 1994. The African National
Congress (ANC) has been the dominant party in South Africa.

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Should you wish to read more about the Alliance, SACP and COSATU, you
can consult the following sources:

Botiveau, R. 2013. Longevity of the Tripartite Alliance: the post-Mangaung sequence.

Review of African Political Economy 40(138): 620–627.
Bunting, B (ed). 1981. South African communists speak: documents from the history of the South
African Communist Party 1915–1980. London: Inkululeko.
Drew, A. 2000. Discordant comrades: identities and loyalties on the South African left. Aldershot:
Ashgate.
Kaßner, M. 2014. The influence of the type of dominant party on democracy: a comparison between
South Africa and Malaysia. Wiesbaden: VS Verlag für Sozialwissenschaften.
Maloka, E. 2002. The South African Communist Party in exile 1963-1990. Pretoria: Africa
Institute of South Africa.
Plaut, M. 2010. South Africa – the ANC’s difficult allies. Review of African Political
Economy 37(124): 201–212.

SELF-ASSESSMENT
(1) Discuss why the ANC as a political party is often described as a “broad
church”.
(2) Explain, in one paragraph, why the DA is considered to be the main pro-
tagonist of liberalism in South Africa. Do you consider the DA as the main
protagonist of liberalism in South Africa?
(3) Discuss the major political parties in South Africa.
(4) Discuss, in a two paragraphs, the ideological and philosophical orientation
of the EFF and how it influences the role of the party.
(5) How does the Tripartite Alliance influence party politics in South Africa?
(6) How does the history of the Tripartite Alliance influence its role in South
African politics?

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