Now that the Constitutional Court has ruled that the Electoral Act 73 of 1998 is in some parts inconsistent with the Constitution and has given Parliament 24 months to amend the legislation, it is a prime opportunity to give our electoral system an entire overhaul. The United Democratic Movement (UDM) has long advocated that the major deficiency in our electoral system is a lack of accountability to the electorate. The UDM argues for a move towards a mixed electoral system that draws from the strengths of both the proportional and constituency based electoral systems. Constituencies must be introduced into the proportional representation system to ensure that politicians have specific geographically defined communities they represent and to whom they are held accountable. But to our mind, the most important change necessary is to have the people directly elect their president, as is the case in many democracies across the globe. Let the president be elected by the people and be accountable to the people, instead of the around 3,000 delegates at a party congress that chooses a party president that will be foisted onto an entire nation. Issued by: Mr Bantu Holomisa, MP UDM President
The longsuffering people of South Africa, and indeed all people trusting our country will be in the presence of good governance, have been waiting since early September – after hours and hours of argument before the Constitutional Court – to hear if the end of the disastrous Zuma-era may be quickened. The Constitutional Court today, in its continuing affirmation of the Constitution, provided for this quickening. The ball is now in the Speaker’s and the Parliamentary Rules Committee’s court to make rules, in the National Assembly, regulating removal of a president in terms of Section 89, Sub 1 of the Constitution. The ruling party’s elective conference has come and gone, and South African’s will be watching the “new African National Congress” like hawks in 2018; especially in Parliament. Even if the ruling party’s new president represents a distinct and expectant power shift, the proof will be in the pudding. Strengthened by today’s CC ruling our urgent and continuing battle to have Zuma removed will be accelerated. The United Democratic Movement, in tandem with any and all parties unified by a honest desire for the very best for our country, will redouble its efforts to rid government of the single most destructive occupation since our hard-fought freedom, and perhaps, even ever. To modify one of Churchill’s famous lines… this is not the end. It is, however, perhaps, more than simply the end of the beginning. And it may well be the beginning of the end. South Africans shall overcome. Issued by: Mr Bantu Holomisa, MP and UDM President
JOINT STATEMENT BY POLITICAL PARTIES AND CIVIL SOCIETY March to the Constitutional Court: #SecretBallot (Issued on 12 May 2017 at the Parktonian Hotel in Braamfontein, Johannesburg) It is clear to all patriotic citizens that our country, South Africa, is experiencing the worst crisis of leadership since 1994. Our nation has reached a point where the conscience of every Member of Parliament (MP) matters in deciding whether a rogue President is removed from office or not. Next week Monday, the 15th of May 2017, the Constitutional Court will hear arguments by lawyers representing the United Democratic Movement and others arguing why a President who was elected by Parliament through a secret ballot must be removed by a secrete ballot. We the leaders of political parties (the African Christian Democratic Party, African Independent Congress, African People’s Convention, Congress of the People, Agang SA, Democratic Alliance, Economic Freedom Fighters, Inkatha Freedom Party and the United Democratic Movement), together with the Freedom Movement and SaveSA, are united behind the call for MPs to be allowed to decide, by secret ballot, whether President Jacob Zuma must vacate office or not. We believe that a secrete vote will provide the safest space for every individual MP to be guided by his or her free conscience, not by the dictates of political bosses who issue instructions to Parliament from party headquarters. When a country is burning, it is time for conscience to speak! The heavy-handed threat of punitive action by the governing party against its representatives in Parliament who may choose to uphold their oath of office is a grievous threat to our democracy. The Constitution is the only instrument our people can and must use to neutralise this threat. We believe that the matter that will be argued at the Constitutional Court next Monday goes to the heart of the Constitution. This is why we will together lead a march to demonstrate our resolve to defend our country. We call upon all citizens who share our call for President Zuma to be voted out of office to join our march. The details are as follows: Date: 15 March 2017 Time: 08h00 Meeting point: Marry Fitzgerald Square (Johannesburg) Marching to: Constitutional Court The Constitutional Court is the last line of defence for citizens when betrayed by those who wield political power. We believe that President Zuma’s continued stay in office poses a major threat to constitutionalism in South Africa. It threatens to weaken our economy, to impoverish millions of our people, and further to corrupt and ultimately collapse our state. This negative trend can and must be reversed! History will judge us harshly if we do not stand up to defend our country in its hour of need. South Africans must unite in the interest of their country. We call upon all citizens from all walks of life to join us in our historic march. I thank you! ……………………………… (Presented by Mr Bantu Holomisa, MP, on behalf of the organisations listed above)
Question: 4 from Ms. L. L. van der Merwe (IFP) to the President Original Question: What steps does he intend to take against the Minister of Social Development who has allegedly led her department into a national grant pay-out crisis which puts the lives of the most vulnerable citizens at risk and allegedly shown a complete disregard for the rule of law and the Constitutional Court ruling of 2014 which declared the CPS/NET1 contract invalid and what lessons has the Government learnt from the looming grant crisis? 1. Mr. President, a word of gratitude must go to our civil society organisations, such as Black Sash and Freedom Under Law, for their resilience in advocating for the poor in the social grant crisis, which includes: • the alleged irregular use of personal details captured in a database in CPS’s possession, • the unauthorised selling of airtime to unsuspecting beneficiaries, • as well as other illegal deductions, which reportedly amount to no less than a whopping R500 million a month. Would it not be prudent for your government to approach the courts to issue an order that will empower government and enable beneficiaries to recoup the monies that were illegally taken through the illegal CPS/NET1 contract?
• Dr Marianne Camerer, chair of this panel discussion • My co-panellist, Judge Albie Sachs • Colleagues and Emerging African Leaders 1. Learning integrity throughout my life I started my journey with integrity when I first learnt of trust, and accepting personal responsibility, as a herd-boy. Without these values, the cattle were not properly tended to and brought home safe in the evenings. In the early Seventies, I attended the Jongilizwe College for the Sons of Chiefs and Headmen. Here, teachers like Dumisa Ntsebeza (who in 1995 emerged as a Commissioner of the Truth and Reconciliation Commission (TRC)), taught us to be informed citizens. And, in the Mqanduli congregation of the late Anglican Reverend Bacon, I was taught duty and the social value of disciplined personal conduct. I was lucky to have had sound people in my life who taught me the value of integrity in personal life. The basics was therefore in place and applying these principles in my public life was a natural extension. I would be remis if I don’t give thanks for Madiba’s role in my life. He made such great sacrifices for his convictions. His endeavoured to live a life of integrity. I am not saying that he was infallible – he was but a man after all – but I learnt from his courage and perseverance. 2. Living integrity: the Transkei years My career in the military is a matter of public record. But please understand that it was the principles of integrity and having the courage of one’s convictions, that guided me in the decisions we took in 1987, which led to the Transkei being ran by Military Council. It was these values that steered us to unban 33 liberation organisations in the late Eighties and the release of all political prisoners. We did our best to “do the right thing”. But also, understand that those years were not easy and to stick to one’s proverbial guns meant that my life had been under threat many times. During these turbulent times, I remained conscious of the principles and standards of personal conduct instilled me by my childhood protagonists. 3. Political life in the New South Africa In 1994 I was elected to the ANC National Executive Committee and was the Deputy Minister of Environment and Tourism under Madiba’s leadership. But, after testifying at the TRC, I was expelled in September 1996. Once again, my principles landed me in hot water. I was in essence expelled after the ANC’s national disciplinary committee found me guilty of bringing the party into disrepute, because I had made reference to an historical event of corruption in the Transkei government era whilst I was justifying to the TRC why the families of deceased soldiers, who had been killed in a 1990 Pretoria-sponsored abortive coup, had to be compensated. In late 1996, I started on the road to the formation of the United Democratic Movement (UDM) when we consulted South Africans on the need for a new political party. Our National Consultative Forum met with Roelf Meyer’s New Movement Process, and the rest is history. Amongst the aims and objectives listed in the UDM Constitution is: “The Party shall fight corruption and restore the confidence of the people in all Government structures”. We have batted on this wicket since 1997 and, what it means is that, integrity in public life is at the core of our work. 4. South Africa today: the lack of integrity in government leaders The drafters of our country’s Constitution had the founding father of our democracy, Tata Mandela, firmly in their minds when they finalised their work. They made the reasonable assumption that all future presidents would always put South Africa first; respect the rule of law and uphold the Constitution. Thus, keeping the integrity of public office in good standing. Recent events (some-of-which were confirmed by the Constitutional Court regarding the need to preserve and protect the integrity of the public office and in particular by the Head of State) have proven the contrary. In the context of Chapter 5 of the Constitution, and other relevant legislation, there is a remarkable concentration of the President’s power of appointment – in particular that the President does so with his exclusive discretion. This observation is important. We know that both the Public Protector, and our courts, had to be invited to adjudicate in the rationality of several of the President’s appointments. Ministers have been found wanting when it comes to the keeping their offices in good esteem. The Minister of Social Development, who presides over a sensitive portfolio, does so without integrity. She is a self-confessed fraudster who misused flight tickets to a value more than R200 000. Maybe the system we use to appoint public office bearers, like ministers, needs review? Firstly, our electoral regime must give power to citizens to directly elect their head of state and public representatives. Secondly, we may need to introduce a system akin to other countries, where ministers are subjected to scrutiny by a multi-party forum before they are appointed. Generally, it seems as if the moral fibre of our society is in dire straits. The cancer of deceit and scandal has permeated to all sectors of society. In schools, we see male teachers harassing girls instead of imparting knowledge and teaching them responsibility. In religious communities, we see strange things where people are sprayed with Doom and fed snakes instead of being taught the values of trustworthiness, integrity and honesty. Politicians and public officials are misusing public money and they are awarded public money to defend their wrongs, even when the issues at hand are personal rather than departmental. 5. Accepting the role we play as leaders: living by example If you know something to be wrong and you accept personal responsibility for your conduct, what remains of your integrity if you go ahead and do that wrong thing? On the other hand, what remains when you know the right thing to do and you don’t do it? When confronted by such clear and gross wrongs as I was in Transkei and later in the ANC, I was incapable of acting contrary to my very deep convictions – and never will be. Of course you have to survive in life and especially in political life. You need to be flexible where flexibility is required, when it is possible. But the ultimate test for survival in human terms is whether you can live with your conscience. So far, I have managed to survive. I hope, when looking at my life as an example, you will feel inspired and have the courage to try to do what is good and what is right. I thank you Delivered at the Building Bridges Leading in Public Life – Emerging African Leaders Programme 2017 UCT Graduate School of Development Policy and Practice 5th – 17th March, Cape Milner Hotel Cape Town
Statement issued by Mr Bantu Holomisa, MP – UDM President and Chairperson of the Multi-Party Forum We confirm that we yesterday received court papers as submitted with the Constitutional Court by the Chairperson of the Independent Electoral Commission (IEC), Advocate Pansy Tlakula. We have filed our answering papers. The political parties that are part of this action will be guided by the Constitutional Court and we hope that the matter will reach conclusion as soon as possible. In the meantime, we call on the Electoral Commission to deal decisively with the other recommendations of the Public Protector, amongst others that: • the disciplinary processes be started against all staff members who were fingered in Advocated Madonsela’s report; • the lease agreement, found dubious by no less than three independent and credible institutions, be cancelled. The Commission’s indecisiveness, regarding the implementation of the Public Protector’s findings and recommendation, make us doubt their commitment to the promotion of the ethics of good governance. The excuse advanced in the past about waiting for legal opinion must not be used to kick to touch