Issued by African National Congress - Parliament
10 April 2003
"An assessment of the legislation allowing public representatives to change party affiliation in the context of the consolidation and strengthening of our democracy"
This debate comes on the occasion of the commemoration of the 10th anniversary of the life of one of the finest of Africa's sons, the late Cde. Chris Hani, whose life and subsequent untimely and violent death, represented his unwavering commitment to political change for the betterment of the lives of our people, particularly the very poor and disenfranchised.
One recalls those passionate words of Mark Anthony when he first saw Julius Caesar shortly after he was assassinated, when he said: "O mighty Caesar! dost thou lie so low? Are all thy conquests, glories, triumphs, spoils, shrunk to this little measure? Fare thee well." Today, we all bask in the warm sunrays of democracy, the attainment of which was speeded up by the blood that oozed out of Cde. Hani's veins, as he fell and lay still following the brutal act of his assassins, and for that we remain eternally indebted to him - "lala nge xolo xabana".
In its article entitled "Floor-Crossing A Curse For Our Democracy", published in November 2002, AZAPO argues as follows:
"To the extent that the Constitutional Court decision [i.e. on floor-crossing], does not take into cognizance good values, ethics and integrity of a stable political order, its judgment lends itself to frivolous legalism. More so, because the ruling party's narrow and selfish interests of expansion occasioned the Floor-Crossing saga at all cost. It is by no means to the best interests of the nation and the country."
It continues as follows:
"Safe for independents, candidates are seconded by their political parties. The party expends financial and material resources in campaigning for their chosen candidate. The party offers the candidate its (good) name, history and branding to give credence to the election campaign of the individual candidate. As such, what moral right does such a candidate have to steal in broad daylight the legislative seat so earned? Legislating Floor-Crossing approximates the condonation of cheating and defrauding the electorate by corrupt politicians."
It concludes by stating that:
" Floor Crossing is an insult to the sacrosanct concept of the will of the people. It distorts and disfigures the will of the people before dumping it into the deep bottom of the dustbin. Floor Crossing is also a real threat to multi-party democracy in the present political landscape in our country. The ruling party has been given the unfair advantage to manipulate and tamper with the results of the elections to the detriment of smaller parties in particular."
These are quite strong assertions in deed and deserve close scrutiny as is the intention of this debate. In responding to these assertions, allow me to begin with the very foundation upon which our constitutional dispensation is based, namely the founding provisions contained in section 1 of the Constitution and in particular, paragraph (d) thereof, which states:
"The Republic of South Africa is one sovereign democratic state founded on the following values: universal adult suffrage, a national common voters roll, regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness."
It is our considered view, as the ANC, as confirmed by the finding of the Constitutional Court that none of these values are incongruent with the system of floor crossing as introduced by recent constitutional amendments.
Democracy is like a mosaic that consists of colours and patterns in different shades and shapes which, when viewed collectively must produce a clear picture that has esthetic value. The key elements of this mosaic are the electorate, political parties and public representatives, each of which occupies a unique place in this mosaic, none less important than the other.
In deed, in an electoral system such as our own, the electorate chooses the party that must govern them, whilst at the same time, electing the people who must represent them in the decision-making processes of governance. Political parties, on the other hand, present their policies to the electorate in the form of manifestos, based on which they hope the electorate to vote for them.
These manifestos, however, do not constitute binding contracts between parties and voters that vote for them, nor do they form legally binding mandates between parties and the political representatives they nominate for election. Departures from these mandates and undertakings, therefore, do not in themselves constitute breaches that can attract successful litigation, safe for the political repercussions that may ensue.
In the case of a party, such repercussions may manifest themselves in diminished support from voters in subsequent elections and in the case of a public representative, in a vote of no confidence against him/her or expulsion from the party, resulting in the loss of his/her seat in a particular legislature or municipal council.
The political landscape is always fluid, dynamic and responsive to changing political circumstances. Contrary to many predictions, for example, the ANC made significant political gains in the 1999 elections, by coming very close to obtaining a two-thirds majority, thus significantly improving its 1994 electoral record.
It is also significant to note that the people that have crossed over to the ANC, viewed collectively, constitute a tapestry of different racial, linguistic, geographic and gender backgrounds, confirming the fact that the ANC is premised on the values of diversity and inclusivity. The accusation that by introducing the system of floor crossing, the ANC sought to steal seats from other parties is clearly ludicrous, given the overall political support we have amassed, following the last elections.
The outcome of the recent floor-crossing, is a reflection of various political trends, which include increased realization amongst those of our people who had doubts about the political intentions of the ANC, that we remain truly committed to the cause of building a new society and creating a better life for all.
The assertion that floor crossing is inimical to multi-party democracy is equally without any substance and is not borne by the facts. The very reason that members of legislatures are allowed to change party loyalties and to even form new political parties, as evident from the first floor-crossing that ended last week, has resulted in the creation of new parties and in the increase in the total number of parties, rather than in their reduction.
The system of floor-crossings lends itself in a perfect position to advance the notions of accountability, responsiveness and openness envisaged in the founding provisions of the Constitution, I alluded to earlier, in that it empowers an important element of the democratic system, namely public representatives, armed with inside information about what their political parties are up to, to keep their parties in check on behalf of the electorate. By having the option of depriving their party of their seats, they can compel a situation of meaningful political debate within their parties, thus ensuring.
I Thank you.