In the aftermath of the oppressive apartheid system, South Africa opted for a path of peace and reconciliation to pave the way towards a brighter future. The architecture chose a constitutional democracy, which is designed to ensure that every citizen has equal rights, opportunities, and protections under the law. Rather than seeking retribution, the leaders sought to build a better South Africa for all who live in it.
It is easy for us to focus on the country’s negatives. Negative criticism is intensified by daily challenges, ranging from load shedding to socio-economic issues. On 27 April, we marked the celebration of the 29th anniversary of our country’s constitutional democracy when, in 1994, the first democratic general election was held under the interim Constitution.
South Africa has held six democratic general elections thus far and saw all eligible citizens exercise their democratic right to vote and choose a government that represents their aspirations. With plans to reduce or eliminate poverty and inequality by then, the 2030 general elections are touted as the most significant in our maturing democracy.
Our courts have continued to be a vanguard of our constitutional democracy. They have handed down two significant judgments that will greatly impact on the 2024 general elections and future elections. The first judgment was handed down in 2018 in the matter of the My Vote Counts NPC vs Minister of Justice and Correctional Services and Another (2018) ZACC 17 court case.
In this matter, the Constitutional Court confirmed the order of the Western Cape High Court and found that for the public to make an informed decision at the ballot box, information regarding the funding of candidates must be disclosed to the public. Although Parliament was already in the process of drafting the Political Party Funding Act of 2018, the court in its judgment deepened our understanding of our right to vote as enshrined in section 19 of the Constitution.
The second judgment was even more controversial, but also of great importance. In 2020, in the matter of the New Nation Movement NPC and Others vs President of the Republic of South Africa and Others (2020) ZACC 11 case, the Constitutional Court declared the Electoral Act 73 of 1998 unconstitutional to the extent that it prohibited adult citizens from standing as candidates for national and provincial elections unless such adult is representing a political party.
This led to the Electoral Amendment Bill, which the president signed into law on 20 April 2023. This means that adult citizens can stand as independent candidates for provincial and national elections. Although the bill has its teething issues, it represents a step in the right direction for a maturing democracy.
Not only are our courts a critical separate arm of the state, holding our elected executive and legislators accountable to the people, they also play a vital educational role in deepening our understanding of the Constitution and the rights it espouses. We should not only protect the integrity of the courts, but also celebrate their magnificence.
) Neo Mabandla
is a senior associate for
dispute resolution
at Phatshoane Henney Attorneys,
and writes in his personal capacity.
