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Dr-Ina-Gouws
Dr Ina Gouws is a Senior Lecturer: Political Studies and Governance, at the University of the Free State.

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

Dean of the Faculty of Law delivers farewell lecture
2013-12-04

Prof Johan Henning, Dean of the Faculty of Law at the University of the Free State (UFS), delivered his farewell lecture during an event attended by distinguished guests from law circles in Bloemfontein, staff from the faculty, as well as family and friends.

The topic of his farewell lecture was: From leonine to universal partnerships. This theme was also the focus of his inaugural lecture and his later research. “It was a privilege to have been part of the development of universal partnership law,” Prof Henning said.

During the event, Prof Henning was honoured by colleagues, as well as members of the law profession, for his contribution to the academy. Prof Jonathan Jansen, Vice-Chancellor and Rector of the UFS, thanked Prof Henning for his part in preparing a new generation of academics for the future.

Prof Elizabeth Snyman-Van Deventer from the Department of Mercantile Law, described Prof Henning as someone with an excellent knowledge of history, especially with regard to the Anglo-Boer War and the World Wars. “He is also one of only a few academics of which four postgraduate students became professors. He has lots of empathy with other people and, despite his long list of academic achievements, he is a very humble man. Two of his outstanding characteristics are his humanity and his modesty,” said Prof Snyman-Van Deventer.

Judge Faan Hancke, former chairperson of the UFS Council and Judge of the Supreme Court, said Prof Henning is a multi-faceted person. “He is an incredible academic who has published widely and is the author of several textbooks. He is also editor of a number of journals and serves on the editorial board of several publications. I have great admiration for his academic excellence and his absolute knowledge of partnership law. He is the best in South Africa and is also highly regarded internationally in this aspect of the law (he was, among others, director of the Centre for Comparative Partnership and Company Law at the Institute of Advanced Legal Studies of the University of London). He is the ideal academic, who has achieved the highest rating in his specialist field of Mercantile Law in South Africa, namely a B1 received in 2012, and he is an excellent dean,” Judge Hancke said.

Prof Henning has a long association with the UFS. In 1968 he reported as a first-year student. Later, in 1974, he was appointed in the Department of Mercantile Law on a temporary basis. In 1998 he was appointed as Dean of the Faculty of Law. Some of the highlights in his career include his appointment as African representative of CIDOEC, Jesus College, Cambridge, and becoming the first South African being awarded an honorary fellowship to the Society of Advanced Legal Studies in Brittain, as well as the American Order of the Coif.

Prof Henning will continue his partnership with the university in 2014, acting as dean and continuing his research.

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