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Concept for a New Political System for South Africa [1994] ZAConAsmRes 5 (13 January 1994)

 

13 January 1994
ERIK TONSING

Concept for a new political system for South Africa

On 2 February 1990 South Africa's old political system was destroyed ‑by the party who had created that political system. For this party it was a change of course through 180 degrees. On that day its leader, F.W. de Klerk, destroyed the old system with his speech in parliament. Breaking it down was easy, that was done within an hour. But to build something else is a completely different matter and task - on 2 February 1994 it will have been four years during which the new construction has been cobbled together. In essence the construction has been done by only two organisations: the ANC~SACP and the NP. The structure they have erected is shaky because a large part of the population is bitterly unhappy with it and reject it totally: a large part (probably mare than half) of the whites (particularly the Boars) and various black nations: Zulus, Tswanas, Ciskeians. The new system therefore does not comply with one of the essential requirements of a constitution, namely that it should be accepted by the entire population. Conseq ently it is necessary to search for a new system which would have to satisfy the following requirements:

(a) It must meet the wishes of the vast majority of the country's residents and in any case not engender such great antagonism that it will lead to a civil war.

(b) There may be no discrimination against any nation or race. Where the constitution therefore creates groups or nations or races as independent entities, they must stand on their own feet in all respects and not feed an another group or exploit it.

(c) Existing structures must be kept intact as far as possible as long as they are not in conflict with the abovementioned two principles.

The following concept is an attempt t realise these three principles.
Presently we are being threatened by a civil war because two groups whose wishes and demands are apparently incompatible are opposing each other. These two groups are the following:

  1. The people who do not want race or nation to play any role in the constitution - we are all simply people and not, in the first place, whites or blacks or Boers or Xhosas or English.
  2. The people for whom their race and/or nation form the essence of their entire identity and who will be plunged into a deep spiritual crisis should the country's constitution fail to take this into account.

An attempt must therefore be made to satisfy both these groups in the constitution. It could easily be done if each group were concentrated mainly in one area, but unfortunately this is not the case, and so it would seem to be impossible to give each of the two groups what it wants through territorial separation. It is therefore necessary to seek a solution without territorial separation as a first imperative. Bophuthatswana provided proof that a state can function perfectly successfully without consisting of one contiguous area, because this state consists of areas that are completely separate from one another, spread across Transvaal, the Cape and the Free State. If Bophuthatswana, with 12 separate regions, could function as a successful state, it is also possible that a state with 100 or I 000 such areas can do so. The essence of a state is that it must enjoy the love, the dedication the loyalty of its citizens. The first stop towards a new system in South Africa is therefore to determine to what kind of state each inhabitant would be willing to give his loyalty. To determine this, everybody who may and wants to vote must complete the following questionnaire and return it to a particular government body:
Questions to all permanent residents of South Africa of 18 years and older
N.B. Everyone who wishes to exercise the vote must complete this form and hand it in to any government office on production of an identity document. Make a cross (X) next to your choices:

  1. Who do you prefer to be citizens of your state?

(a) All races and nations

(b) One particular race

(c)One particular nation

  1. If you prefer I(b), which race?


(a) Asian

(b) White

(c) Coloured

(d) Black

3. (a) If you prefer I(c), write down the name of the nation (eg. Zulu, Xhosa, Ciskeian):
(b) If you be willing to accept individuals from other groups or nations or races an citizens of your nation, write down the name or names. You may also write "any".

Your full name (please print):
Identity number (if any):

Date of birth: .... ---- Place of births Date: Signature

According to the choice each adult individual makes, he then becomes a citizen of a state of which all the citizens have the same identity‑consciousness, even though they do not live together in one contiguous area. I will name a few as examples:

  1. A state for all those who attach importance to humanity only and attach no importance to racial or national bonds.

  1. A state for all who attach great importance to their racial group, eg. whites.

  1. A state for all who attach the greatest importance to their language and national bonds, eg. the Zulus and the Tswanas. This would not exclude such a nation from being willing to absorb individuals from other nations and races into their nation, as is apparently the case with Zulus and Tswanas and which is surely understandable because the technical capabilities of their nations will be advanced thereby.

The crucial determining question now in how such a state can be brought about if not by means of a circumscribed area with fixed borders - particularly examples (1) and (2) above will consist of
citizens spread out all over the country. The answer is by means of DIFFERENTIATION OF TAX LIABILITY. A practical example will explain this best. Let's take No 2 above, white South Africa. All those who wish to be citizens of a white state are registered as such (on the basis of the questionnaire) and they then elect for themselves, an own authority. Only this authority has the right to collect taxes from these citizens. Using theme financial means, this authority then supplies services such as education, hospitals libraries, law courts, policing, etc. to its own citizens only. Each state created in this way then determines the nature and content of its constitution foe itself. The Zulus will probably not wish to be anything other than a kingdom, and the whites a republic.
This will satisfy the first two basic principles of a stable state system, namely (a) the satisfaction of every citizen with the state system and (b) no exploitation or discrimination, because each state must finance its budget from taxes collected from its own citizens only. At this point the objection may be raised that it is difficult or even impossible to link some indirect taxes and non-personal taxes to a special state, and I want to go into theme objections.

(a) The most comprehensive indirect tax is VAT, and with the aid of modern computers it will be no problem to channel it from a particular individual to a particular state. For this reason it will be essential that (i) all the states impose the same VAT percentage and (ii) that each state be given a number which must be supplied to the sales agency with each purchase. This is entered into the computer which then shows what amount must be paid to the various states.

(b) The non-personal tax (eg. company tax) is channeled to the state where the company prefers to be registered. The tax paid by Anglo American will most probably go to the Paceless and nationaless slate, which we could perhaps call Camp South Africa.

(c) Taxes of which the origin cannot be traced to the citizens or companies of a particular state, go to the umbrella organisation of all the states of South Africa, which will be detailed a little later in this article. Let us call it, in the meantime, Umbrella South Africa.
We have now satisfied the most noble principles of this state system, i.e. the satisfaction of all citizens with it and equality for all but of course the fact remains that every state in the world must have territory, and if this is not contiguous, there must be fair principles according to which one can determine what are should go to which states and I will now consider this aspect. As a paint of departure I wish to suggest that cities, townships and towns be retained as indivisible units with their present boundaries. This will satisfy principle (c) named at the start of this article, namely keeping intact an much as possible that which is in existence in order to minimalise the disruption which change brings about. In each of these areas (cities, townships, towns) a referendum or election must take place and the state which achieves a two-thirds majority then gets that area as part of its territory. Should no state win a two‑thirds majority, the area remains under the trust control of the umbrella government for two years. At the end of two years another referendum or election is held and it is repeated every two years until a two-thirds majority in favour of one state is achieved. The area then becomes part of that state. I foresee that the following will happen in regard to our cities: Johannesburg and Soweto part of the Cosmo state, Pretoria part of the white states Durban part of the Zulu state or a possible Indian state, Cape Town part of the Cosmo
state or a possible Coloured state.
This leaves the non-urban countryside. Here the principle will apply that the registered owner of the land decides to which state his land belongs. If the land is owned by a company, the company decides. If ownership of the land changes, the new owner may decide to transfer the land to a new state of which he is a citizen. Where the area is the property of a black tribe, the present tribal authority can decide to which state they wish to belong.
On more than one occasion reference has been made to an umbrella organisation which must have certain functions which affect the whole of South Africa and consequently all states within it, and we now have to look at its composition and functions. The composition flows from certain important functions of this body, and particularly the central element of this constitution: TAXES. The umbrella organisation must decide on the countrywide taxes, which should be the same for each state, and of which the most important are VAT and fuel taxes, an well as tall fees on national roads, customs and excise. Of course the Individual states will also collect their own additional taxes (if they so wish). The tax year ends on the same date for everyone (for example the end of February as at present). The umbrella body decides what percentage of their total tax income the individual states must pay over to the umbrella body. This must be the same for all states, e.g. 25 per cent, and must be paid over within a month of the end of the financial year. The financial officials of the umbrella body will then calculate what percentage of the total payments each state has made. One of two management bodies of the umbrella body will then be constituted for the next year April to April) on the basis of these percentages. This will be called the states General and consist of 100 members. Each individual state is then entitled to the same number of members of the States General as corresponds with its percentage contribution to the total tax payments. Should the Casmo state have paid 40 per cent of the taxes and the Zulu state 15 per cent and the white state 10 per cent, the Cosmo state will be entitled to 40 of the 100 members of the States General and the Zulu state 15 and the white state 10. This was the principle according to which the management of the Netherlands' Dutch East India Company (DEIC), the so-called Lords Seventeen, was constituted at the end of the 16th century, and it worked very well - it put an end to discard that sometimes resulted in violence and war.
However, to prevent financially stronger states from dominating everything, there must be a second controlling body for the umbrella organisation, and this will be called the STATE SENATE. This will consist of a number of representatives nominated by the heads of state of the various states - two by each head of state - of which one is a permanent member for as long as the head of state wishes him to be there, and the other alternating to make provision for experts deliberating and deciding on different matters. For example, these could be the ministers of water affairs of the various states when the building of a dam is at stake. All decision of the States General (excepting those in regard to taxes) not taken unanimously must be referred to the State Senate and will be valid only if the State Senate has approved it with a large majority (for example 90 per cent). If it does not achieve this majority, it has been vetoed and this could happen two years in succession should the States General wish to submit it for the approval of the State Senate the next year. In the third year in which the States General submits it, it becomes law if the State Senate approve it with a simple majority.
Now we have to look at other matters apart from taxes over which the umbrella body must have control. The main function of this body is to maintain the economic unity of the entire country, and therefore
the following matter will fall under its control:

(a) the reserve bank and the monetary system

(b) foreign loans and debts

(c) country-wide transport matters; national roads, railways, harbours, airlines

(d) posts and communications

(e) allocation of frequencies to the radio and television services of the various states

(f) dams and rivers and the allocation and supply of water

(g) trust control over cities, townships and towns that have not opted for a particular state with a two-thirds majority

(There may possibly be other matters that I cannot think of because of a lack of economic knowledge.)
This umbrella government will efficiently see to it that this country's economic unity is not violated. According to media reports of 9 January 1994 Mr Mandela said that the ANC cannot allow any Afrikaner Volkstaat because other ethnic groups will then demand the same and that this will destroy the country's economy. This umbrella government renders this fear totally without grounds.
Another objection of the ANC against the system described above will probably be that it does not provide enough opportunity for affirmative action, because the taxes of the citizens of the white state would then be out of their reach. In this instance two questions must be put to the ANCT XI) If the whites of the past have (as the ANC alleges) made themselves guilty of exploitation of the blacks, is it then ethically defensible to expect the present whites and even those of the future to compensate for this? (2) A practical question: Is it at all possible that a large number of poor people can be raised from
their poverty by means of the redistribution of the wealth of a small number of rich people? Somebody once used the following analogy in this regard: If the water in a dam below a farmers house should insist that it be at the same level as the water in a tank next to the house, it will be useless to let the water in the tank run into the dam in order to achieve this: The tank will run dry and the dam will not rise measurably. Poverty can be distributed, but not wealth; by giving the poor the riches of the rich, you may make the rich poor, but you will not make the poor rich. There is only one recipe for wealth: enterprise and HARD WORK. The Germans, who were crushed and impoverished after World War II, are a good example. The states created by means of the system described above will also compete with one another to prove this, and this will bring about a blossoming of the entire economy.
Of course many problems are likely to crop up with such a unique system, but with goodwill they will all be solved. I am, for example thinking of a court case in which two citizens of two different states are involved: which state or magistrate should hear the case? The answer is: it must be a multi-state court in which each party's state has an equal number of legal officers, and if they cannot agree an a judgment, they must agree on a legal officer from another state, and his judgment will then be final. As regards, for example, the police, policemen should have the right of arrest over the citizens of another state as well, but such an arrested person should then be held in a cell or prison of his own state. Another matter that may cause problems is the property of the present state which state must inherit it? The solution is that fixed property in cities, townships and towns should go to the state that received the two-thirds majority. Fixed property in other areas and also movable property (e.g. the army's equipment) remains under control of the umbrella government for 5 years and in then sold at auction or by tender to the state or other body which offers the highest price. The proceeds go to the umbrella organisation.
This system will bring satisfaction and calm to our country and put an end to discrimination, hate, unrest and violence. Of course the states that are created in this way must not consist of only a few eccentric individuals. For this reason a minimum of possibly 5 per cent of the total number of eligible voters should be prescribed for any group wishing to form a state. Personally I would regret it if a separate white English and white Afrikaans state came into being, not to mention a white German or white Portuguese state. After all, these groups have since 1902 learnt to get along with each other and with two official languages, and the English Darby-Lewis couple have surely suffered and sacrificed more for the Boer cause than many a Boor leader. The preservation of our present national flag, symbols of state, Springbok name for sports teams, "Die Stem" an national anthem etc. will then cause no conflict whatsoever.
However, that everything an this earth is unsettled and changeable, is something we have experienced in the past year in the most dramatic fashion; the Berlin Wall fell, the Soviet superpower crumbled Czechoslovakia split in two and in Yugoslavia the components of the former unitary state are busy wiping out each other. However, we have experienced the greatest demonstration of inconstancy and change in our own country: the people who 30 year* ago were the creators of the first free white republic in all of South Africa are now busy destroying it and many of those who in 1961 cheered the arrival of an Afrikaner republic (e.g. Pik Botha and F.W. de Klerk) now work day and night and travel all over the world to destroy it. On the other hand there are many English-speakers - the Stallard supporters of 1961 - who in those days vehemently fought the arrival of the white republic and now put in every effort to save it. The explanation for this is humanity's subjection to consciousness manipulation, and a constitution must make provision for this an well. It is therefore proposed that a possibility for change after 30 years be created. Should two-thirds of Bloemfontein, for example, now decide that they wish to be part of white SA, they remain so for 30 years, but if after 30 years a great number of Bloemfontein residents would rather belong to Sctho SA, they may address a request to Satho SA and Sotho SA will transmit the request to the States General which will then arrange for a referendum in Bloemfontein. Should two-thirds or more vat* for Sothe SA, Bloomfontein becomes a part of that state, but should two thirds not be achieved, it remains a part of white SA.
I ask everyone in our country who strives for peace and justice and stability without a hindrance to change to think about these matters anew - anew and in prayer!