MK challenges constitution, critiques voting system

The newly formed uMkhonto weSizwe (MK) party wants an urgent revision of the constitution, saying it doesn’t mirror the contemporary dynamics of the nation.

But experts warn the constitution is not the main problem.

Constitution ‘not reflective of the people’

MK spokesperson Nhlamulo Ndlela said it was time for change as the constitution “is not reflective of the people”.

“It doesn’t fit the needs of the people. It gives too much power to the judiciary as opposed to even traditional leaders, who are the rightful owners”.

“A traditional leader, for instance, if there’s a situation – whether it is criminality or gender-based violence – and you need to take a decision, you have to first wait for the courts.

“The wheels of the courts can be very slow. So we need to extend the powers to traditional leaders,” Ndlela said.

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“The current voting system also has a lot of questions around it. It’s not really a true reflection of democracy, especially if you look at how most of the results turn out.

“It is not really a voting system that caters for the people in the rural areas – and how are their voices being heard?”

Ndlela said there were a lot of loopholes that were “quite honestly unconstitutional in the constitution”.

No need for change

But Thokozile Madonko, a researcher managing the Public Economy Project of the Southern Centre for Inequality Studies at Wits University, said there was no need to change the constitution.

“In fact, what we need to do is make sure that South Africans are aware of the rights enshrined within the constitution.

“We need to invest more time in educating people about the purpose and the progressive nature of our constitution,” she said.

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“It provides for so many rights that many people around the world don’t have. That is why our constitution is celebrated globally.”

Madonko said the MK party must be specific in terms of its changes because the constitution talks to core issues such as access to basic services,

“Section 27 rights, basic services, healthcare, social protection, the right to equality, gender justice, it’s all in there.

“There is a genuine concern about whether the policies that we have in place and the government that we have in place is fulfilling its obligations as per the constitution.

“That is a more legitimate question to ask, rather than saying just get rid of the constitution,” Madonko said.

Constitution in its current iteration is fine

The DA’s policy manager, Mat Cuthbert, said the constitution in its current iteration was fine.

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“That does not necessarily mean there would not be space for amendments in the future if the relevant case was brought before parliament, or the Constitutional Court for that matter.

“But, it would have to be looked at on its merits and assessed whether or not this would contribute towards improving the country,” Cuthbert said.

Zuma called for change of constitution numous times

Ndlela said former president Jacob Zuma had on numerous occasions in parliament called for the change of the constitution.

“He has mentioned many times in parliament that this constitution is not a constitution for the people.

“It is unconstitutional. Because, remember, our constitution is informed by Roman laws, which are foreign to us.

“We are not Romans. We are not Europeans, but we find ourselves using European court systems,” Ndlela said.

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“That’s why we find ourselves structured like economies that are not reflective of our resources, because everything is drawn from the constitution.

“National Treasury laws are drawn from the constitution.

“Everything is linked directly to the constitution. So, the constitution has a direct organic impact.”