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Human Rights Month reminds us to reclaim the promise of the right to vote

21 March 2024 Photo SUPPLIED

Opinion article Dr Ina Gouws, Senior Lecturer: Political Studies and Governance, University of the Free State.

In a year where at least 64 countries will hold elections, it is inevitable that we reflect on issues such as the right to vote, the importance of voting, and the role of elections in a democratic process. The truth is, since the earliest elections were held in Greece in around 508 BC, exclusions were part of the process. Only wealthy landowners were allowed to vote. Male landowners, that is. The first popular election where all citizens could vote, and the majority vote won, is believed to have taken place in Sparta in 745 BC. For many centuries, examples like these were very few.

The right to vote

The history of the right to vote is mostly depicted in the history of suffrage – defined as ‘franchise’, or the right to vote – and the exercising of that right. These movements are rooted in the plight of minority groups and generally disenfranchised groups (those discriminated against, such as the poor and the landless), and their fight for the right to vote. You can easily read up on the most chronicled movements in history, such as Women’s Suffrage. The bravery, determination, and suffering endured to secure the right to vote is legendary. And once they finally won the right to vote, this did not mean they could run for office. Another fight was ahead for this democratic right. The Civil Rights movement in America is another example of a movement where the disenfranchised fought for, amongst other civil rights, the right to vote. This included, of course, black women, who were discriminated against from within various Women’s Suffrage movements.

In South Africa, the history of the right to vote is entangled with our colonial history. After the two Boer Wars, decisions had to be made as to who would be the decision-makers going forward. In the Cape Colony, all races had the right to vote – but only if you were male and had the economic qualifications, which means only the male elite across races could vote. In the negotiations to unify the Boer republics with the Cape Colony and Natal at the time, black people’s right to vote came under scrutiny. When South Africa finally became a union, its Constitution was put forward to the British government for approval. The British government was not keen to allow voting rights for black people. Thus, in the 1909 Constitution, only black people in the Cape retained their right to vote. The prevalent racial intolerance in South Africa kept this issue very high on the agenda, and in the 1930s the South African Parliament finally had the two-thirds majority needed to remove voting rights for black people from the Constitution. Finally, in 1951, the Coloured Voters Roll was also scrapped. In resistance against the diminishing civil rights experienced by these groups in South Africa, liberation movements such as the ANC were formed. One of the civil rights they fought for, for many decades, was the right to vote; a right finally won and exercised for the first time in 1994.

The value of voting

So why am I providing this VERY brief look at history and the right to vote?

The value of voting has lost its lustre in South Africa. Despite all this history of the disenfranchised winning the right to vote, and the great enthusiasm for and faith in this aspect of the democratic process, South Africans look at voting with far less excitement only 30 years after the first democratic elections. Of course, we come by our growing indifference honestly. Those the majority have given their vote to have let us down greatly. And when we look at the candidate lists for the governing party for our upcoming elections, it doesn’t seem that we can expect better.

But this is still a democracy, dear voter! There will be more parties than ever on the ballot in 2024. We have a Constitution protecting this right to vote for any party you choose. What a notion! Looking back at history, especially from the vantage point of this current Human Rights Month, this right to vote is still at the centre of a system where the people have the final say. You must exercise this right with vigour, with determination, and with defiance against anything or anyone who wishes to weaken our country even further.

I mentioned decision-making earlier. This is what voting is. Look around you and decide if you are content with your circumstances. Look at your wider community and communities in your province and how they make an existence, and decide if you are satisfied with what you see and hear. The vast majority of people in this country can’t possibly be content or satisfied with what they see or what they LIVE through every day. Dear voter, neither are you, right?

So, VOTE in these elections if you are eligible. VOTE. It is your RIGHT.

News Archive

Legal elite tackle thorny issue of corruption

2013-01-24

Our Faculty of Law brought together top experts and judges for a Symposium on Corruption, to investigate one of the most pressing concerns of South Africans.
Photo: Stephen Collett
24 January 2013

YouTube Video

Chief Justice Mogoeng Mogoeng yesterday (24 January 2013) concluded the proceedings of the first day of the International Symposium on Corruption, hosted by the Faculty of Law of the University of the Free State (UFS). In his address Justice Mogoeng made no excuses as to the magnitude of the threat corruption presents to South African citizens.

“Urgent action and efficient measures are called for to arrest this scourge, for the sake of our constitutional democracy,” he warned. “Our vibrant constitutional democracy will not and cannot survive in the face of rampant corruption.”

Justice Mogoeng said the spate of civil and labour unrest erupting throughout the country can be attributed to corruption. According to him the scope and far-reaching implications of corruption drives South Africans to “boiling point” and evokes “anger, frustration and a don’t-care-attitude that often manifests in widespread protest actions” and disrespect for the rule of law.

“South Africans, irrespective of race or creed, must identify and focus on their common enemies and find a conciliatory and unifying way of dealing with what divides them, including the lingering prejudices of the past,” Justice Mogoeng urged.

Despite the threat corruption poses, he stressed that all South Africans have a role to play in the fight against corruption and that there are different role players that can become involved in the process. Especially important is the media and faith-based agencies which, according to Justice Mogoeng, can regenerate morals and secure a “national moral code.” The State must further ensure enforcement of anti-corruption measures and preside over the selection of individuals of “solid character” to reside in agencies meant to fight corruption.

He highlighted the need for an unbiased and independent judiciary, one immune to outside influences controlled by powerful forces, as well as personal agendas.

Although Justice Mogoeng believes that the private sector is most guilty of transgressions based on corruption, he stated that a “well-coordinated war” against it must be waged in all sectors in order to stamp it out.

Justice Mogoeng presided over the unveiling of the redesigned foyer of the CR Swart Building and praised the Faculty of Law for its innovation with regard to the symposium.

“I look forward with great optimism to more well-organised symposiums that strike at the nerve-centre of the well-being of our constitutional democracy,” he concluded.

Symposium seeks answers and solutions

The Faculty of Law at the University of the Free State (UFS) concluded its International Symposium on Corruption on Friday 25 January 2013. The event featured a stellar cast of speakers, including the Chief Justice of South Africa, three current Supreme Court of Appeal judges, high-court judges, advocates, prosecutors, journalists, as well as local and international legal academics.

Throughout the two-day symposium, corruption was dissected as a severe problem in the South African socio-economic landscape and solutions were sought to alleviate the pressing concern.

The main attractions of the symposium were undoubtedly the attendance and presentations delivered by Chief Justice Mogoeng Mogoeng, as well as Prof. Leon Wessels. Prof. Wessels was described as “one of the founding fathers of the constitution of South Africa” by Judge Fritz Brand, a current Appeal Court judge and the third-longest serving judge in the country.

“Corruption is stealing the constitutional dream of this country. Corrupt leaders are fearless, those who expose corruption, are fearful,” Prof. Wessels warned.

Judge Brand closely trails the second longest serving judge in the country in former Kovsie, as well as former UFS Council Chairman, Judge Faan Hancke. Both judges addressed the symposium and chaired sessions, along with Prof. Johan Henning, Dean of the Faculty of Law, and Judge Ian van der Merwe, Chairman of the UFS Council.

It was, however, not all doom and gloom, as several of the speakers offered tangible ideas in what was often termed the “war on corruption”. Celebrated Sunday Times journalist Mzilikazi wa Afrika who has been arrested following the police leasing scandal which he exposed, urged South Africans to stand together in their fight against corruption, before it is too late.

People on the front lines in the day to day fight against corruption also spoke at the symposium, giving the audience a better understanding of the intricacies and challenges involved in the process. The Head of the National Prosecuting Authority’s Asset Forfeiture Unit, Mr Willie Hofmeyer, as well as Advocate Xolisile Khanyile, who is the Director of Public Prosecutions in the Free State, elucidated this struggle.

The symposium also hosted Prof. Chizu Makajima, a celebrated academic from the United Kingdom.

The two-day symposium ended in style as the delegates gathered in the Centenary Hall on the Bloemfontein Campus for lunch, with a further address by Prof. Leon Wessels

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