Publications
Partners
It’s an unpalatable and contentious idea but it is worth exploring if South African democracy is to be saved.
It is an idea that I first heard broached by Bantu Holomisa, leader of the United Democratic Movement, in a public conversation.
He suggested that a possibility must be considered of granting President Jacob Zuma immunity from future criminal prosecution. But, he added, that must be done as part of a grand bargain.
That bargain would entail getting the ANC to agree to a reform of the current electoral system.
The need for electoral reform in SA was originally mooted by the Van Zyl Slabbert Commission, which was set up in 2002 “to review the incumbent electoral system in SA and draft legislation for an electoral system for the next national and provincial elections”.
The rationale for establishing the commission was recognition that there was no accountability of MPs to voters in the current proportional representation system and that MPs did not have a mandate from the voters in their constituencies. Also, there is no geographical linkage between MPs and voters in the current electoral system.
The commission’s main recommendation was the introduction of a mixed system that combines proportional representation and a constituency-based system.
The creation of a constituency-based system would ensure that MPs are directly accountable to the electorate by ensuring a direct link between MPs and voters.
Changing the electoral system, in return for granting immunity to Zuma, is not a panacea for SA’s structural and deep-seated problems. It would, however, lay the basis for a fundamental change of our political system and culture.
It would also create conditions conducive to starting a process of undoing the enormous damage inflicted on the South African body politic during the Zuma era.
On Zuma’s watch the economy has not only underperformed badly, it has teetered on the brink of a precipice. Education standards have declined sharply, with the basic education minister stating that 80% of the country’s schools are dysfunctional.
SA has continued to face crippling skills shortages. The public healthcare system has plunged into a state of disrepair.
SA has remained one of the most unequal societies in the world, with an alarming reality in which as much as 70% of national income is in the hands of the wealthiest 20% of the population and the poorest 40% earn less than 7%.
High unemployment has continued to be a serious concern and it has, in particular, robbed the youth of an opportunity to fulfil their economic potential.
Successive reports released by the Auditor-General have revealed severe problems related to maladministration and corruption within the public service – billions in tax payers’ money has been ‘incorrectly used’ through either irregular, unauthorised or fruitless and wasteful expenditure. Nkandlagate stands as a monument to pervasive graft and malfeasance.
The state has struggled to meet societal demands in terms of public service provision.
State underperformance has been a direct outcome of widespread maladministration, cronyism, cadre deployment and corruption, which have stunted the effectiveness of critical spheres of government.
Trust in political leaders and state institutions has reached its lowest point.
The conflation of the governing party, the government and the state has intensified, and has bred a culture of impunity and undermined the rule of law.
The governing party has become insecure, and its insecurity has been accompanied by a crushing of the democratic space.
The foundations of our constitutional democracy have been systematically attacked: the judicial system, the freedom of the press, accountability of government and the human rights of citizens.
State and regulatory institutions have been undermined and weakened.
Factionalism within the ANC and the broader tripartite alliance has deepened.
Deep divisions within the ruling alliance have, in turn, paralysed governance and led to policy paralysis.
The Marikana massacre represented the moment when the pervasive faction fighting over the leadership of the ruling political alliance boiled over.
There has been a discernible lack of direction in SA’s foreign policy.
SA needs a radical change of course. All options must be explored to extricate the country from its current morass.
And that includes entertaining the idea of offering immunity to our head of state as a trade-off, albeit an unpleasant one, for transforming and recasting our political system.
That would, of course, depend on whether the ANC accepts such an idea.
Mills Soko is an associate professor of international political economy at UCT’s Graduate School of Business.
This article originally appeared in the 14 January 2016 edition of finweek. Buy and download the magazine here.
