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J.M.KARLE
25 January 1995
.Dear Fellow
Citizens
Hereby I wish to add my small voice as a contribution to the
drafting of our new Constitution in the hope that we will eventually
have a
document that is not only fair to all concerned but will also contribute to the
orderly, stable and peaceful future of our
country.
A Constitution is a
document which embodies a contract between the citizens of a country and the
institutions which comprise the government
that governs and has the legally
acquired power to do so. It stipulates both the privileges and responsibilities
that these two
entities have toward each other. Good government can only be
achieved when each me enjoys the privileges that are its share, but
also
fullfills the responsibilities that are its duty.
Each generation
cultivates its own images values and the precepts whereby it should live;
therefore it follows that no Constitution
can be the final word in the
relationship between citizen and citizen. and between government and citizen.
In which case it must
periodically be adapted to the needs of the
times.
Nevertheless it is imperative that it be intelligently crafted,,
clearly worded and well defined so as not to leave the field open
for a
multitude of definitions which can breed misunderstandings litigation and even
civil unrest. Thus it behoves those engaged
in drafting such a document to be
persons of foresight and intellectual honesty who are prepared to lay
aside personal feelings, party affiliations and social or religious prejudices
and approach the task before them in dedicated
humility; considering that this
document will affect the lives, not only of contemporary millions, but its
consequences will rebeverate
many generations hence.
FREEDOM.
There
can never be such a thing or condition as absolute freedom unless a single
person inhabits boundless territory. Once that person
is joined by another both
their freedoms are diminished because they have to consider every action whether
it is not detrimental
to their companion.
It is a fact.,,,,,,/2
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It is a fact of civilization, where poeple live in close proximity to
each other that to maintain a harmonious social order there
have to be certain
rules of behaviour that the individual as well as the comunity must abide by to
maintain a regulated and peaceful
society which is a precondition for prosperity
and serene progress. Thus it becomes an absolute necessity that freedom must be
circumscribed
and be subject to defined limits. This is not so much to curtail
freedom per se, but to prevent the exercised freedom of one impinging
on the
freedom of others. Therefore all must be able to participate to the same extent
in the freedoms allowed, but also subject
to the same curbs -- without
consideration of sex, rank or race.
FREEDOM OF EXPRESSION.
it
must be clearly and unequivocally affirmed to be a grievous infringement of the
freedom of the individual for any person, party,
religious denomination or
diverse association to call for, advocate or encourage from a public platform,
pulpit, mass or minor demomstration
or any other means; the killing or otherwise
persecution of human beings, for whatever reason. Be it because they do not
subscribe
to their political policies, religious beliefs, comercial activity or
any other cause.
This is a pernicious practise gathering momentum in our
country, as elsewhere, and the freedom to do so is degenerate, destructive
and
demoralizing. It is the province of the legally constituted courts of
law to adjudicate and pass sentence m disputed acts of the citizenry and not of
self~appointed judges of whatever
FREEDOM OF ASSOCIATION.
It is
a fact of Nature that creatures of a similar disposition should gravitate
towards and adhere to each other. As a reasoning
entity, the human being has
the capacity to negate or modify this tendency to suit prevalent needs or
preferences, When therefore
a number of likeminded citizens come together, be it
for language, cultural, educational, religious or whatever need or reason, they
should be entitled to set rules and standards by which their association abides.
If this precludes those that according to their
rues do not qualify to join;
then to force them by law to accommodate such, is to pervert the ideal of
freedom into a tyranny which
inhibits freedom. Provided such an association
persues benign and constructive ends and does not result to the detriment of
local
and national interests there should be no sanction against it. If its
essence is in dispute it must be left to a court of law to
pronounce upon and
not the whims of a civil servant of whatever standing.
THE RIGHT TO
LIFE ..and the taking thereof.
Life is without question the most precious
of all commodities and must be nurtured with all means at our disposal. Yet
paradoxically
also the cheapest. Not only because it is so plentiful, but also
because it is so easy to reproduce. Impregnation is enjoyable
and the pangs of
labour brief, whilst the pride of parenthood is great .
But because its.../3
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But because its end is so final --- and the susequent hereafter so hedged
with uncertainties -~- there is an -understandable reluctance
to part with it,
which again amplifies the urge of preservation,
However throughout
history countless lives have been sacrificed m the altar of "necessity." Prom
the individual virgin offered to
the gods right up to the millions of modern and
ancient warfare. The majority eagerly participating in these acts of 'valour'
which
cause their names to be enscribed in the pantheons of
heroes,
Governments have never shown any scruples when sending the cream
of the nation’s manhood to be killed, both in defensive as
well as
offensive campaigns, for which they at all times claim to have just reasons, The
defensive action is of course the most justifiable,
for not only must mm seek to
protect himself and his own but also because survival is the principal impulse
of Nature.
In the same way that aggression from abroad threatens the
continued normal existence of a society, so the criminal ~- especially the
violent one -- whether acting alone or in consort threatens the fabric of the
community within which he/she operates. -Where the
criminal has no compunction
to take life and whose activities stretch to reckless dispatching of
peacekeeping agents it must be seriously
considered whether he is not in fact on
par with the exterior aggressor and should be opposed in similar manner. Does
he not by
the sheer brutality of his actions and the adverse effect it has on
the wellbeing of the community forfeit his right to Life?
This is not a
plea for the indiscriminate death sentence but for a carefully applied policy
that'will deter the criminal and allay
the fears of the community as well as
safe~& the lives of the police.
DEMOCRACY, DEMOCRATIC GOVERNMENT
AND MAJORITY RULE.
Dictionary
definitions of democracy read inter alia: "..the poeple
regarded as rulers" and ,,..government by the poeple - directly or indirectly."
It is nearly every person's aspiration to be 'master of his/her own house'. In
other words they aspire to @ e their own decisions
which they believe to be in
their best interests.
As it is impossible for every citizen to be present
or even concerned with all the stages of law-making representatives are elected
by the populace, who MUST then,, in good faith, further their interests.
Probably the most prominent of world democracies is that
of Westminster with its
system of Majority Rule,, where the political Party that triumphs in the most
constituencies forms a Cabinet
and proceeds to govern the country according to
its policies. The minority parties are represented only in Parliament; that is
the
debating chamber, and as such are not part of the government. For this
analysis the House of Lords will be ignored,
The belief exists..... /4
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The belief exists that this minority can by judicious and persuasive
argument influence the government programme and by vigilance
and research
prevent the abuse of power. In practise this happens only in very small
measure. The dicipline of Party Whips and
the threat of withdrawl of Party
support force many a 'dissident thinker' to toe the Party line in defiance of
his better judgement.
The fact remains therefore that the Party that wins
the most constituencies - the Majority Party - governs; with hardly any input
from other Parties. Which adds up to the 'disenfranchisement of the minority'.
they are "crying in the desert". The disturbing
aspect of this system is that
it happens that the minority is in truth numerically superior, but because of
the way in which constituencies
are demarcated, is deprived of its rightful
dues,
So it behoves us to seek a system that empowers the populace as a
whole - or nearest possible - to be participants in government.
Our present
Government of National Unity is a necessary stop-gap measure under continual
threat of disentigrading.
.Proportional representation has its merits but
often results in multiple changes of the executive which can cause lack of
direction
and breeds low morale as well as corruption in administration,. Our
aim must be to devise a system where all Parties that have a
reasonable amount
of support amongst the populace have a measure of input and leverage within the
government. Without however diluting
power to the extent of
impotence.
Let us consider a system of Proportional Representation that
eliminates the need and expense of repeated ballots, yet have the simplicity
to
sustain stable government. Dispensing constituencies -- voting takes place on a
national basis. Ballot papers designed so that
the voter votes not only for one
Party but expresses his preference in declining order from all the participants.
This could well
result in that the second or subsequent most favoured Party is
in receipt of the most votes. That Party will then be the one to
form a Cabinet
of its choice.
Seats in parliament are apportioned on a percentile basis
according to the number of votes garnered by the respective Parties. It
will be
the responsibility of the Parties to demarcate zones which will vary in size and
location from Party to Party. By encouraging
the citizens in their zones to
select the persons which are to represent them in parliament they might be
enticed to take a more
active part in the affairs of State, It could be that
political parties will need public finance to exercise their duties. This
can
be alleviated by limiting the number of parliamentarians draining state coffers
whilst dozing on leather benches,
When it happens that the aggregate of
opposition members of parlia‑ment outnumbers the government supporters, it
is for the
government to form a coalition with one or more of the other
Parties.
Coalition always carries within it a certain amount of friction,
has proved to work many times in other countries.
PS. Any reference to one gender includes the other.
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