South Africa s Opposition: Fostering Debate, Accountability and Good Governance

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1 Africa Programme Meeting Summary South Africa s Opposition: Fostering Debate, Accountability and Good Governance Leader, Democratic Alliance Chair: Rachael Akidi Editor, Focus on Africa Radio, BBC 22 June 2016 The views expressed in this document are the sole responsibility of the speaker(s) and participants, and do not necessarily reflect the view of Chatham House, its staff, associates or Council. Chatham House is independent and owes no allegiance to any government or to any political body. It does not take institutional positions on policy issues. This document is issued on the understanding that if any extract is used, the author(s)/speaker(s) and Chatham House should be credited, preferably with the date of the publication or details of the event. Where this document refers to or reports statements made by speakers at an event, every effort has been made to provide a fair representation of their views and opinions. The published text of speeches and presentations may differ from delivery. The Royal Institute of International Affairs, St James s Square, London SW1Y 4LE T +44 (0) F +44 (0) Patron: Her Majesty The Queen Chairman: Stuart Popham QC Director: Dr Robin Niblett Charity Registration Number:

2 2 South Africa s Opposition: Fostering Debate, Accountability and Good Governance Introduction This is a summary of an event held at Chatham House on 22 July 2016, at which, leader of South Africa s opposition Democratic Alliance (DA), discussed his perspectives on critical governance challenges and the DA s strategies for improving economic prospects and further consolidating democracy. South Africa s opposition parties have been instrumental in consolidating democracy in South Africa. Vibrant parliamentary debate and national discussion play a crucial role in holding the government to account, and in pushing for good governance and service delivery. In local elections to be held in August 2016, the DA the largest opposition party will be seeking to build on past electoral gains and capitalize on the leadership crisis within the governing African National Congress (ANC). But success will depend on presenting credible policy alternatives and attracting support from across the diverse society. South Africa remains an important country on the continent, and has modelled some important principles on debate, accountability and good governance. The opposition plays a vital role in any democracy of raising the level of debate, and this function must be protected. The Soweto uprising, which began on 16 June 1976, wasn t just about abolishing Afrikaans as a medium for instruction. It was a protest for equitable education, and the ability [this year] to march peacefully through Soweto to mark the anniversary of the protest was a strong reminder of how far South Africa has come. Protests for equal rights can now happen without fear of violence. South Africa is in a better democratic position now than But South Africa is entering a new era. There is widespread appreciation of the peaceful transition that occurred through debate, leadership and negotiation through the very difficult CODESA [Convention for a Democratic South Africa] period, when many people advocated violent change, but people now want to know what new economic prospects are on offer. Despite its limitations, the constitution makes the role of the state and an independent judiciary clear, binds South Africans together, and is a yardstick by which to hold the president to account. The constitution must be a document that is lived and entrenched in the lives of people. In Justice Mogoeng Mogoeng s scathing judgment on the Nkandla case, 1 he affirmed that the constitution of the republic must remain supreme, and that the president had violated his oath of office outlined in section 89 of the constitution. This highlights the independence of the constitution. In a separate case, it was ruled that it was irrational for the state to drop charges of corruption, racketeering and money-laundering against the president. The objective of these cases is to uphold the rule of law and constitutionalism by ensuring that no one person is above the law, or can subvert the law. Justice is slow, but no person in South Africa should be above the law or be able to subvert the constitution without consequence. The problem with South Africa s constitution is that it was written with a leader like Nelson Mandela in mind, whom many people would consider a saint; nobody expected a South African president to have over 700 criminal charges to his name. The DA has put together a constitutional amendment that would obligate a president who had violated the constitution to stand down rather than face a parliamentary vote. The constitution must safeguard against the worst, not just protect the best. 1 On 31 March 2016 the Constitutional Court of South Africa ruled on a case brought to the court regarding the use of public money to make upgrades to the President s personal residence at Nkandla. Chief Justice Mogoeng Mogoeng presented the ruling which determined that the President must pay back a proportion of the money used on the residence. The upgrade on Nkandla has been a long running political issue in the country.

3 3 South Africa s Opposition: Fostering Debate, Accountability and Good Governance The recent incident in which [Sudan s President] Omar al-bashir was allowed by the ANC to leave South Africa, in violation of South Africa s courts and international law, 2 showed a total disregard for the rule of law and the people who died in Darfur. The government appealed against the court decision and still lost. Under Nelson Mandela, human rights were the guiding light of foreign policy, but the ANC is no longer the party of Mandela. The ANC s lack of accountability means that South Africans are beginning to look for alternatives. Recent polls have suggested the DA could beat the ANC in three crucial metros: the DA is leading in Nelson Mandela Bay, and is closing the gap in Tshwane and Johannesburg, as well as being certain to hold Cape Town. The DA s record in Cape Town, where it has demonstrated clean government and greater opportunity for South Africans than has the ANC, shows that the DA is not just a party of opposition but also a party ready for government. In 1994 the choice for the electorate was apartheid or freedom, and we have seen what happens when race is mobilized. Now people face a different choice for better government. South Africans are facing three alternatives in this election. The first is the ANC, which has undermined the role of the state, left 8.9 million South Africans out of work, and has lost the credibility to govern. The second choice is the populist Economic Freedom Fighters (EFF), whose vision is predicated on a Marxist utopia; it is emotive but it cannot deliver on its promises. The third choice is the DA, which is uniting races in South Africa through the shared values of freedom, fairness and opportunity. In 1994 it seemed like voting for the ANC was an affirmation of freedom and the end of apartheid. [The speaker acknowledged that he and his parents voted for the ANC.] Previously, politics might have been reduced to a choice between black and white, but in 2016 South Africans should celebrate that a contest is being held between a diverse group of people standing up for shared ideals. The DA acknowledges that the face of poverty in South Africa is still black, but that it is not necessary to be black to stand up for the rights of black people. There should be separation between the ruling party and the state. Bureaucrats must be loyal to the state, not to the ruling party. The DA does not support cadre deployment. For example, SABC management has effectively turned South Africa s public broadcaster into a state broadcaster. For example political violence cannot be shown on TV; this is a form of censorship that must be fought. The DA is campaigning hard so that South Africa s new public protector will be someone who is willing to stand up to power. The DA has enacted key policies to ensure microenterprise thrives through limiting regulation and the role of the state; the new heroes of South Africa should not be the unions, but any person who creates a job. There must be land reform so that those who lost out on deeds during apartheid can gain security and prosper. The poor state of education, particularly for black South Africans, must be addressed, ensuring that quality teachers are in classrooms, not captured by unions. The DA is a party on the rise, from 1.7 per cent of the vote in 1994 to now polling 23 per cent and rising. The speaker expressed optimism that South Africans will vote for the DA and its platform. The party s vision is a South Africa better integrated into the rest of Africa, to become a gateway for trade into the continent. 2 In June 2015, President of Sudan Omar al-bashir entered South Africa to attend an African Union summit, and subsequently left the country despite calls for the government to arrest him. As a signatory of the Rome Statute South Africa was obliged to arrest al- Bashir for whom the International Criminal Court have an arrest warrant out for.

4 4 South Africa s Opposition: Fostering Debate, Accountability and Good Governance Summary of Question and Answer Session Questions The ANC is deemed in some circles to be a communist or socialist party, and you have also characterized the EFF as being a party of the far left. Where does your party stand on this spectrum, and how would you characterize its ideological underpinning? Many supporters of the ANC are unhappy and disillusioned with the party, yet they are unwilling to stop voting for them. How will you attract these people? You mentioned the importance of media freedom. How important is retaining the confidence of investors in this current high-risk climate? The DA is a party steeped in the liberal tradition, and is unashamed of its market-based economic outlook. In terms of its philosophy, the party stands for an open, equal society and the rights of individuals within that society, in contrast to the nationalism of the ANC. The speaker stated that he would place the DA somewhere around the centre-right, but expressed the view that the ANC often talks left, but walks rights. The DA offers a consistent policy platform, and wants to build consensus in South Africa based on values that transcend race and historical affiliation. Many ANC supporters have a shared history in the ANC and would not shift their vote; their allegiance is often driven by patronage, not political beliefs. However many young people aged 18 35, who do not share that history, feel differently and are more receptive to the DA s platform for change. Dissatisfaction with the ANC s handling of the economy is also making more people look elsewhere as the effects are felt. As the DA evolves it will become very welcoming to people who share its values. Media independence is critical for a functioning democracy. As in many other countries, in South Africa shareholders of big media outlets are often also funders of political movements, and their newspapers have a strong ideological slant. Many newspapers are still often constructed along racial lines. The DA does not support indirect shareholding of media houses. Technology such as social media can help overcome this problem, and the DA is using this to try to reach new voters. However, as print media circulation declines, it is vital that the DA has activists on the ground to mobilize many more people. This year s will be the first set of elections at which the DA has a candidate running in every ward in South Africa. Questions How does the DA view the rest of Africa, and specifically how would you overcome not having the same historical links to other African countries that the ANC has? How important is it to work with the Electoral Commission of South Africa [Independent Electoral Commission IEC] to safeguard the IEC s work across sub-saharan Africa? What are your plans around developing more skills, beyond the education reform you have previously mentioned?

5 5 South Africa s Opposition: Fostering Debate, Accountability and Good Governance The DA is part of Liberal International, a confederation of progressive democratic political parties including those across Africa, and the DA has good relations with some African opposition parties. These parties often face a difficult job, fighting against underfunding and institutional challenges, but some are close to achieving power, for example in Botswana. The ANC does have stronger ties, and inter-africa relations have not been the DA s strongest area historically. However, the speaker stated that he was especially passionate about this issue and keen to make it more central to the DA s political platform. The DA would like to see the African Union (AU) play a much stronger role; too often, in the speaker s view, the AU has remained uncritical when leaders have violated constitutional principles or tried to extend their rule. South Africa must not be supportive of the big men philosophy that sees leaders like Bashir remain unaccountable. The DA advocates the closer integration of South Africa into the SADC [Southern African Development Community] region, including the relaxation of visa rules and the easing of trade and goods transport. The role of the IEC is extremely important. The DA took the IEC to court to demand that it include voters addresses on the electoral register in order to prevent the ANC bussing activists into constituencies to try to impact election results. South Africa s own monitoring ability must be strengthened, and the DA was pleased that for the first time in the 2016 elections all polling stations will have an election monitor. The work of South African parliamentarians in foreign observer missions is also important. The DA is supportive of skills-based training colleges. It also has a big internship programme in the Western Cape, and was the only party that lobbied hard for a youth wage subsidy. The programme allows young people to gain work experience and develop skills so they are ready to excel in the world of work. The speaker stated that South Africa was wrong to disband apprenticeships and internships, and was critical of unions that undermined the DA s position on youth wage subsidies; the DA s position would be of more value to young people in developing their careers.

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