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GARY J SELIKOW
17 -01 - 95
The following should be enshrined in the
final Conatitutione-
The independence of the judiciary must be
guaranteed.
All personal, social, economic, labour and cultural rights
must be recognised and must be Justiciablo.
The components of civil
society must be protected from domination by government.
Rights to from
expression and access to Information must be guaranteed.
A privatization
commission must be established and the state should be prohibited from operating
Monopoly enterprises.
State assistance to the olderlyp women and youth
should be prescribed.
Private enterprise must be guaranteed and private
property protected.
Petitions of Citizenry should unable legislation to
be brought to Parliament or to be overturned in referenda.
Legal
protection for woman and children should be entrenched.
Proposed
constitution There should be a federal system of government similar to that of
(34*rmany, the USA and Nigeria, with greater
powers to provinces than currently
exist under the interim constitution. Provision should also be made for from
cities and semi-autoncmoua
regions. Provincwwill be able to write their own
constitution and no federal law should override any provincial law providing all
provincial laws concur with the Bill of Rights and do not Involve racial
discrimination of any kind. No federal taxes #nay be levied
in the Province
without the permission of the provincial
government.
12..Parlia~nt
2
Parliammta The National
Parliament will consist of two houses - the 400 seat National Assembly and the
90 moat Sonata. The National
Assembly (NA) will be elected by a mixed member of
Proportional Representation system every five year. 66% or 264, will be directly
elected by Single Transferable vote (STV) (electors have only one effective vote
but number the Candidates in their clactorate in
order of their preference.
This can leave electors in control of which MP’s are selected and permit
any minority of reasonable
size within an electorate to gain at least one
representative at national level. The more popular candidate Inevitably has a
surplus
of
lot preference votes above those needed to win a
seat. The
surplus I* allocated to those voters' second choices. A
ocand
candidate may in turn gain a surplus of votes and this
:urpluz Is again
allocated to his supporters next choice. A point is usually reached where even
with the redistribution of surplus
votes, none of the remaining candidates has
enough votes to gain a seat. At this point the lowest polling candidates votes
are redistributed,
and then the next, until ,all of the electorate’s seats
have a preferred candidate). From 52 multi member constituencies with
3 to 7
members each a little over 70 000 voters per directly elected member. 34% or 136
seats will be allocated to parties Indirectly
to ensure their final
representation in the NA, proportional to the number of first preference vote
they receive In the direct clactions.
This system will unsure that most
constituencies have at least I directly elected MP who is reasonably acceptable
to most of its
minority ethnic or minority political groups, while also ensuring
that total representation in the NA fairly represents all ethnic
and political
viewpoints. The Members of the Sonata would represent the 9 provinces - 10
members for each province and parties would
be represented in the Senate In
proportion to how many votes they receive In each province.
Parliament
will elect the Cabinet by STV. The Cabinet will be headed by a Prime
Minister.
President a South Africa will be headed by a federal President,
directly elected by the popular vote every 7 yearn. The President
may not serve
more than 2 terms and will share power with the
Cabinet.
BIDLIGGRAPHYM
Guise, David (1093) "Freedom For All a The
Orange River Proposal".
Race Relation Survey 199211993.
Roynalds,
Andrew (1094) "Election '94 South Afr:Lcall.
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