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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

Inaugural lecture explores the compatibility of commercial certainty and constitutionalism
2015-10-15

From the left: Prof Caroline Nicholson,
Prof Elizabeth Snyman van Deventer,
Justice Malcolm Wallis and Dr Lis Lange.

Justice Malcolm Wallis presented his inaugural lecture, entitled “Compatibility of commercial certainty and constitutionalism”, to the Faculty of Law on 17 September, 2015. The occasion was attended by faculty staff, students, and senior members of the Bloemfontein judiciary.

In her welcoming remarks, Prof Caroline Nicholson, Dean of the Faculty of Law at the UFS,  expressed the immense pride the faculty has in hosting such an occasion, and the remarkable work of Justice Wallis in the South African legal fraternity over his forty-year career.

Justice Wallis spoke of the constitution’s important role in ensuring that the law in commercial matters is enforced fairly without the prejudice or undue influence from the desire to obtain or preserve personal advantage. “Try, if you can, to conceive of a society in which commercial relationships are enforced and enforceable purely as a matter of discretion. Ask yourselves:  how would such a society function?” he said.

He reiterated that the role and the rule of law is to guide and protect parties in commercial transactions. It has considerable impact on society in how it is enforced. “Commercial disputes may seem to involve only the parties to the proceedings, but when they involve significant changes to established commercial law, their impact is inevitably wider. Such changes affect other agreements, other relationships, underlying financing transactions, and, in our modern world, contracts of insurance and reinsurance. The latter at least will always have an international dimension,” he said.

He explored specific judgements and the role the concept of “Ubuntu” played in delivering them, the fair enforcement of commercial law, and how this should be an integral part of South African law under the constitution.

 In closing, Justice Wallis stated that “in principle, the existence of a constitution and constitutional rights need not destabilise commercial law, or the reasonable expectations of business people.”

Justice Wallis has received numerous accolades locally and internationally during his long career, including his appointment as a Professor Extraordinary in the Department of Mercantile Law at the University of the Free State in 2014.



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