Elections 2024: The Republic’s Laws, and That Constitution

'To these party leaders, it was free and fair. Then, even more concerning, was the response from Gayton McKenzie.‘ Picture: Timothy Bernard / Independent Newspapers.

'To these party leaders, it was free and fair. Then, even more concerning, was the response from Gayton McKenzie.‘ Picture: Timothy Bernard / Independent Newspapers.

Published Jun 13, 2024


by |Khaeb

The political landscape of the Republic of South Africa is yet again producing an episode that can rather be seen as a re-run. Because, when it comes to the law, it is again a matter of who the law applies to, or who is applying the law.

It is more of the same, depending on where power resides.

Observed through an Indigenous lens, basic principles are practised by global Indigenous nations that drive my approach to the subject matter of this article.

For insight into this, allow me to use an economy as an example to emphasise my reason for this approach.

An economy, because this is a factor that gains priority status amongst the political parties, mainstream media and most political analysts and, of course, economists covering the 2024 national election.

An economy because there are international statistics that show that Indigenous businesses are outperforming non-Indigenous businesses on multiple metrics. Simply put, this is achieved by applying Indigenous principles.

With that insight, let’s return the focus to the Republic. Understanding that it might be a case of personal ignorance, I cannot recall any other national election in this republic raising concern around its legitimacy as the most recent one has.

Even within my limited capacity, I noted multiple cases being made on social media about unscrupulous actions on voting day, May 29, 2024.

Alarm bells were ringing when I observed the reactions of various political parties as time was ticking along after the election itself ended, and the votes/numbers began trickling in.

With a clear understanding that most, if not all, parties had corruption of the rule of law as part of their campaign strategy, the responses I alluded to were in stark contrast to the so-called principled position being campaigned on.

Noting that the social media content I was privy to were from members, supporters or even voters of the Economic Freedom Fighters (EFF) and Patriotic Alliance, I will refer to those organisations as a means to highlight my concern.

Hosting one of the first media briefings in response to the results, Julius Malema, president of the EFF, quickly stated, in no uncertain terms, that they were content with the election.

To these party leaders, it was free and fair. Then, even more concerning, was the response from Gayton McKenzie.

On national television, the president of the PA was like a kid in a candy store. He was beaming as a result of their voting numbers, even making light of the fact that there was a case being made against the legitimacy of the election, of which they were part.

Meaning, even though they raised concerns, they were happy to submit to the possible illegitimacy.

From a principled perspective, there is no way that this should have played out as it did. However, there are far too many examples of organisations, and therefore people, untroubled by the use of law (read as power) to their benefit. It is this law that I now give brief attention to. And by law, I make direct reference to the republic’s Constitution.

At this point, I am tranquil in sharing that I deem the republic’s Constitution, in its current form, as a mechanism to perpetuate the marginalisation of the Indigenous Peoples. To assist you, this is because the Constitution fails to recognise the Indigenous Peoples.

However, focusing on the Constitution, one then brings attention to the Constitutional Court. This court had received an urgent application relating to election irregularities, which has now been dismissed.

To the Indigenous Peoples, this is deja vu.

Leading up to the 2019 national election, the Indigenous Peoples were part of a court application that attempted to halt that election – case number CCT 110/19.

Represented by Chantal Revell and the Indigenous First Nation Advocacy South Africa (Ifnasa), the applicants raised the unconstitutionality of the Electoral Act.

Appearing before the Constitutional Court a mere six days before the 2019 national election, the applicants were informed, by the sitting judges, that the matter was not an urgent one.

For those not aware, the applicants received a favourable judgment when matters were concluded in the court on June 11, 2020. Now, noting that the applicants were correct in claiming that the election would be unconstitutional, is it not a matter of serious concern that the Constitutional Court judges decided that the matter was not urgent, thus allowing an unconstitutional election to proceed?

Therefore, this latest decision to dismiss the application to halt the first national sitting of Parliament is having its way with those personal alarm bells of mine.

In 2019, mainstream media, political analysts and economists had the conclusion of a contestant, Cyril Ramaphosa, as the next president on overdrive.

In 2024, this is a re-run of the previous national election, where economic agendas are pushed instead of principles that place the quality of life of citizens above all else.

In 2019, the Constitutional Court’s decision allowed for an unconstitutional election to proceed. Is it making the same mistake in 2024 by allowing the first national parliamentary sitting to go ahead?

These laws and principles remain of interest to the Indigenous Peoples, as these very factors affect our resurgence as sovereign nations (ie, the |Xam and Khoe).

We are engaging these laws and principles to correct past injustices. Of high concern is when we note that these laws and principles are extremely questionable.

Interesting times ahead, indeed!

* |Khaeb (Shaun MacDonald) is an indigenous business leader, and CEO of The Khoeporation (SA’s first Indigenous Strategic Advisory company).

** The views expressed here are not necessarily those of Independent Media.

Cape Argus

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