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18 March 2019 | Story Rulanzen Martin | Photo Rulanzen Martin
Rapport Regstreeks
From the left: Dr Ina Gouws, Dr Sethulego Matebesi, Dr Ebrahim Fakir, and Waldimar Pelser, who facilitated the panel discussion on the upcoming national elections.

Since the national elections of 2014 five years ago, several issues have occurred that could have an impact on the upcoming elections. A panel consisting of Dr Ina Gouws from the Department of Governance and Political Transformation, Dr Sethulego Matebesi from the Department of Sociology – both at the University of the Free State (UFS), and Dr Ebrahim Fakir from Governance Institutions and Processes at the Electoral Institute for Sustainable Democracy in Africa, talked about these and other issues.

The panel discussion, facilitated by Waldimar Pelser, editor of Rapport, took place at the UFS on 8 March 2019. Rapport Regstreeks is presented by kykNET and Rapport.

Three factors that can handicap ruling party

“Does the ruling party have anything to be worried about?” Pelser asked, getting straight to the point. “Yes. The ruling party has a lot to be worried about. The reason for this is that voter participation has declined; secondly, there is definitely a management problem which resulted in a credibility crisis in the government; and lastly, the ANC is trying to keep people together who do not believe in the same issues,” Dr Fakir was the first to reply.

The issues mentioned by Dr Fakir have been a problem before. “Since 2016 there has been a lot of division within the ANC,” Dr Gouws said. “These divisions can have a huge impact on the outcome of the election. The divisions were exposed even more by the Nenegate situation, and the ANC could no longer manage it."

The fact that the ANC lost control over four of the major metros in the 2016 local elections must be worrying to them.

Zondo Commission and opposition parties

The Zondo Commission, with its appalling revelations has uncovered the magnitude of state capture and the shocking testimonies that have emerged, could possibly hamper the ANC in the elections. “Political parties have supporters, regardless of internal problems. Loyal party members will still vote for their parties,” said Dr Matebesi. “The promise of RDP houses before an election is the bread and butter of many voters; therefore, they will vote ANC again.”

With the rise of the Economic Freedom Fighters (EFF), the support base of the ANC has also dwindled. “If there is one party with a colonial mentality, it is the EFF. They are undermining democracy, thrive on divisions in society and exploit them,” said Dr Fakir. “They jump in on many issues for their own gain,” Dr Gouws added.

As for the Democratic Alliance (DA), Dr Gouws said its governance is ‘fantastic’ compared to the ANC, although not always 100%. “Problems were however highlighted – it is not 100% and I think they should attend to the problems.”

News Archive

Democracy and traditional leadership in rural areas explored
2017-09-22

Description: Democracy Tags: Democracy, customary law, human rights, research, constitution 

Prof Lungisile Ntsebeza, recipient of the NRF Hamilton
Naki Award
Photo: Supplied


The Free State Centre for Human Rights held a presentation by Prof Lungisile Ntsebeza on 7 September 2017 at the University of the Free State (UFS) Bloemfontein Campus on the topic of democracy and traditional leadership in rural areas. Prof Ntsebeza is the holder of the AC Jordan Chair in African Studies at the University of Cape Town and the holder of the National Research Foundation (NRF) Research Chair in Land Reform and Democracy in South Africa. 

Conflict between democracy and traditional rule
The topic of democracy and traditional leadership in the rural areas is an example of the tension between democracy and customary law governing the appointment of traditional leaders (headmen) that is currently at play in many parts of the country. Prof Ntsebeza made reference to a court case in the Eastern Cape, where a community successfully challenged the appointment of a headman by the royal family of the area. The contention was whether royal families could appoint headmen in rural communities or if those communities ought to democratically elect their own leaders. He argued that in this specific case, the democratic imperatives of the Constitution did not conflict with customary law because of the particular communal practice of electing leaders. 

The Constitution and customary law
The Constitution of South Africa recognises customary law provisions which are not in conflict with its fundamental values. Difficult legitimacy problems may arise where customary practices are different from those governing this particular case. Ultimately the Constitutional Court would be called upon to resolve inherent tensions and develop customary law in line with the direction foreseen in the Constitution.

Student engagement as a vehicle for change
The event was attended by UFS staff and fourth-year LLB students in the Faculty of Law, and was funded by the Free State Centre for Human Rights at UFS. The programme is one of several that the centre seeks to utilise in engaging students with researchers and scholars in the field of law and human rights. Prof Ntsebeza has given academic presentations on various related and trending topics in the current academic climate, such as decolonising the curriculum, Cecil John Rhodes and others. He was recently awarded the Hamilton Naki Award at the 2017 National Research Foundation Awards.

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