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With Due Respect, Please Find and Process [1995] ZAConAsmRes 760 (12 February 1995)

 

1 2 February 1 995



With due respect, please find and process my humble proposals to the Constitutional Assembly, which are related to democracy and character of the State.



They are attached hereunder.



REUBEN SEBENZILE MASANGO


PROPOSALS TO THE CONSTITUTIONAL ASSEMBLY OF SOUTH AFRICA
BY
REUBEN SEBENZILE MASANGO


DEMOCRACY


Elections shall be held to elect members of the legislature and the State President after every five years. All citizens of South Africa shall have an equal right to vote in the national elections.



Political parties or group formations to contest the elections should meet predetermined minimum requirements, which have been drawn in such a way that they are achievable to smaller and bigger parties.



Minimum requirements for contesting the election should be part of the constitution so that in future the government of the day does not have a chance of manipulating them in its favour.


Political parties formed basically on racial or gender lines, and whose intention is; simplicity or explicity; to promote racial divisions in society, should never be allowed to contest the elections.
When they become legislatures, all members of the legislature should be elected representatives of their constituencies (political parties, interest groups or any other legal group formation of the public), or appointed by the State President, acting on the advice of the cabinet or President's council or a committee of experts in the area of operation of the incumbent under consideration.



Provision should be made to accommodate members of parliament, in parliament who have no political party affiliation.



Members of Parliament should be free to join or resign in political parties, whether such parties have been their constituencies or not. This will help parliamentarians to be free to act in the national interest even if that means acting against their political party interest, without the fear of loosing parliamentary membership.



Members of parliament should adhere to democratic norms, specifically with regard to their behaviour, they should always conduct themselves in a manner which they believe, to the best of their knowledge, is acceptable to the government of the day.



A referendum in which all South African citizens will participate should be called before fundamental changes can be made in the constitution.


CHARACTER OF STATE


The Republic of South Africa should remain a unitary state under one national government.


South Africa should be divided into provinces or regions to enable it to be democratically governable.



Such provinces should be similar or same to the existing nine regions. All provinces
should be subordinate to the national government.


Powers of the provinces should be determined by the national government in collaboration with the provinces and seriously taking into account South Africa's cultural diversity.



Provinces of the Republic of South Africa should never be granted independence from the central government as that will have disastrous economic consequences for South Africa.



The heads of the provinces or premises should be elected in provincial elections, where all citizens of the province can vote, and they should contest the elections as individuals not under political parties where names of political parties rather than individuals are voted for.



Provinces should in turn be divided into local communities (town, villages, rural communities) who will fall under local government. Local communities will be subordinate to the provincial government. Leaders of the local communities will be elected in local government election after a specific period.



In rural areas traditional leaders should collaborate with the elected local representatives in dealing with political matters of the community. These will include local government elections, contesting, campaigning and determination of priorities relating to services to be delivered by the government such as building of schools, clinics and allocation of land for housing and farming.



Thank you



R.S. MASANGO