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Voter apathy in a democracy could stimulate community activism outside of party politics

23 November 2021 | Story Gcina Mtengwane | Photo Supplied

Gcina Mtengwane is a lecturer in the community development programme at the University of the Free State, QwaQwa Campus. He believes democracy is more than just voting. It is the expansion of self-determination opportunities.

Opinion article by Mr Gcina Mtengwane, Lecturer: Community Development Programme, University of the Free State.

Voter apathy has been diagnosed as part of the reason for the low voter turnout in the 2021 local government elections. The turnout was the lowest since democracy the dawn of democracy, with only about 12 million (46%) of about 26 million registered voters casting ballots. Apathy among voters in representative democracies is defined as a lack of interest in voting. Some choose to view this apathy as a threat to South Africa’s democracy. But it may not be the case, as some would like to put it. Instead, it may reflect the evolution of South Africa’s democracy and the expansion of choices available to South Africans outside of the voting principle commonly used to define democracy.

While I am inclined to agree with the view that this voter apathy has some messaging on the state of South Africa’s democracy, I argue that it is only a small part of the big picture. Democracy is, among many other things, the freedom to make choices. One of the permissible choices is the right not to vote. Defining the success or failure of democracy by voting is quite restricting and problematic at least for me.

Local government is about addressing challenges in daily live

Local government is mainly about addressing issues and challenges in our daily lives. It does not require much of an overly ideological stance. Put simply, a community member at an informal settlement or village does not need to know the works of Marx, Fanon, and Biko to know that she or he does not have a road, potable water, or ablution facilities. It takes building materials, not political slogans or party ideology to build a house for those without houses or to provide food for the hungry.

What is more interesting has been the activism of young people outside the banner of political parties. Young people are engaged in issues that affect them in their daily lives. They are also engaged in lending a helping hand to others. They are doing this outside of formal party politics. The writings of Adam Prezowski (2003) identify ‘autonomy’ as the ability to participate in the making of collective decisions, which is a paltry notion of freedom. Prezowski asks whether democrats should value the freedom to choose. He further asks whether people value facing distinct choices when they make collective decisions. In the absence of concrete answers to these questions, Prezowski comments that “true” democrats must be prepared that their preferences might not be realised as the outcome of the collective choice. When many people cannot vote for what they most desire, democracy suffers. The low voter turnout may indicate that none of the political parties offered what most South Africans desire, hence they see no impetus to vote.

Democracy is more than just voting

Democracy is about the expansion of opportunities and choices. Choosing not to vote does not necessarily reflect badly on our democracy. Instead, it speaks positively on the freedom of citizens to choose other arenas through which to have their issues heard. It is the freedom to decide on the relevance or lack thereof of the formal party-political system. The choice not to part take in party politics has allowed young people such as Lonalinamandla Bawuti, who responded to the plight of a young boy from the Eastern Cape living with his grandmother who needed support to go to initiation school. Bawuti appealed for assistance from South Africans to get the youngster to initiation school.

It is the freedom of a group of businesspeople putting money together to create boreholes for a community without access to potable water. It is Nasizo Mndende, a young social work graduate in the Eastern Cape seeing the plight of young rural girls and starting an NGO to educate on sexual and reproductive health rights. It is young people creating crowdfunding for students in need of university registration fees and for students wanting to go to university.

It is many others doing what they can with what they have and their influence contributing to change in communities.

The point I am making is that democracy is more than just voting. It is the expansion of self-determination opportunities. Low voter turnout may not be such a disastrous thing after all. This is because a lot of young people are contributing to making a better South Africa outside of the confines of political party membership.

News Archive

The failure of the law

2004-06-04

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

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