Assessing Democracy Survey in South Africa Table of Contents Introduction Citizenship & Nationalism Access to Justice & Rule of Law Civil & Political Rights Economic & Social Rights Free and Fair Elections Democratic Roles of Political Parties Government Effectiveness & Accountability Civilian Control of the Military Minimizing Corruption The Media in a Democratic Society Political Participation Government Responsiveness Decentralization International Dimensions of Democracy 3 4 19 34 43 58 70 79 90 99 111 124 142 152 161 Introduction to Democracy Survey The purpose of this slideshow is to analyze democracy in South Africa by: – Researching different aspects of criterions for a successful democracy – Presenting an hypothesis and either proving or disproving this hypothesis – Determine if democracy is successful or not Citizenship and Nationalism Darren Redshaw Anneliese Hinz Nationhood and citizenship are important foundations for democracy, but how strong is this foundation in South Africa? How inclusive is citizenship? All who are born in the country Parents are citizens Naturalized citizenship No citizen can be deprived of citizenship. Steps towards citizenship Valid permanent residence permit or exemption One year's ordinary residence in the Republic of South Africa immediately prior to the application. In addition 4 years of physical(actual) residence in the RSA during the eight years before the application (excluding the year of ordinary residence). Steps towards citizenship cont. If married to a South African spouse, two years of permanent residence and two years of marriage to the South African spouse immediately prior to the application. Intends to continue to reside in the Republic or falls within the further categories specified in section5(1)(e). Be good and sound character Able to communicate satisfactorily in any one of the official languages of South Africa. Steps towards citizenship cont. Have adequate knowledge of the duties and responsibilities of a South African citizen. (http://www.skillclear.co.uk/sa/citizenshipE xemptions.asp) How well minorities are protected The Constitution forbids all unfair discrimination. All discrimination is unfair unless it is established as fair. Minorities White- 9.6% Colored-8.9% Indian/Asian-2.5 http://www.cia.gov/cia/publications/factbook/geos/sf.html#People Minorities While whites are in the minority they still have a lot of money and power because of the advantages that they gained during the apartheid system. State boundaries How well are divisions reconciled? Can be moderated very well TRC – Truth and Reconciliation Committee. Amending the constitution 2/3(66%) of parliament vote for it and At least 6 provinces in the National Council of Provinces (NCP) vote to change it To amend how the constitution is amended 75% of parliament must vote to change it 6 provinces in the NCP most vote to change it Problems There were some court cases about people who were trying to get some aid granted to them but they were not citizens. There is still some economic inequality between minority and majority. CONCLUSION Nationhood and citizenship are important foundations, and it is good that South Africa has these principles well established in its constitution, but this strong constitution is nothing with out access to justice and the fair rule of the law. South Africa Access to Justice and the Rule of Law Tim Porter Intro The government of South Africa has made changes drastically since the end of the apartheid in 1994. This change has improved the country as a whole as well as also improving the access to justice for its citizens by promoting the rule of law. To what extent is the rule of law operative throughout the territory? The African National Congress, which has been the dominating party since the end of the apartheid, has helped to improve the country’s status towards a better democracy, however the improvement is slowing down. The amount of red tape makes it very difficult to open or to continue to run a small business. There is little to no police patrols outside of the big cities. people in rural areas do not have as much access to justice because of this. To what extent are all public officials subject to the rule of law and to transparent rules in the performance of their functions? The arms deal is an example of corruption. There are corruption laws in place to try and prevent this. The corruption score on a scale of 010 with 0 being highly corrupt South Africa got a 4.5 How independent are the courts and the judiciary from the executive, and how free are they from all kinds of interference? The South Africa Judiciary branch is only subject to the constitution and the law. The judges however are appointed by the executive much like here. How equal and secure is the access of citizens to justice, to due process and to redress in the event of maladministration? As in most developing countries things are improving but they are far from fixed. The amount of private police is almost double the amount of public police, and most people can not afford to hire private police. There is a shortage of schooling for lower middle class people which in turn is causing a lack of jobs to do on a local level At the end of the apartheid many poor black people were promised low-cost housing but many have yet to receive any such thing. What extent do the criminal justice and penal systems observe due rules of impartial and equitable treatment in their operation? Although there are laws and even governmental groups that are in place to ensure equality like the Truth and Reconciliation Commission things are not equal. Due to the amount of cases that are brought before groups like this as well as the cost of taking care of these cases mean many are not heard or are ignored leaving people bitter and feeling When the government acknowledged the need to deal with the problems left by the apartheid they never found all the answers and many are still unanswered today How much confidence do people have in the legal system, to deliver fair and effective justice? Serious problems are still present. Police abuse is still present is South Africa and the high cost of lawyers hampers the access to justice. Also, problems occur in the equality laws that cause black as well as white people to complain and feel a lack in justice. Overall the court systems are improving with the equality courts providing people more confidence in them and that they can actually be heard. What measures if any are being taken to remedy publicly identified problems in this field, and what degree of public priority and public support do they have? The truth and reconciliation commission has given amnesty to people who have applied, but with the large amount of people it is hard to justify everyone. Since the end of the apartheid there have been 1.6 million more houses built for the poor. There has been a stable economy with low inflation. 70% of the households have now got electricity. 9 million have access to clean water. Conclusion The new government that is in place has made significant steps towards a better democracy, improving the access to justice and promoting the rule of law throughout the country. The country as whole has greatly improved from the time of the apartheid. Even with these changes there still are a lot of more things that need to be changed. However, when will a country ever be perfect with every citizen having equality? Civil & Political Rights Matt Brown & Danielle Genovese “Solemnly proclaiming a constitution & a Bill of Rights is one thing; promoting them & inculcating the substance of these fundamental documents into the minds & hearts of people is another.” -Johannes Van Der Ven How Free Are All People From Physical Violation Of Their Person, & From Fear Of It? South African Constitution, Chapter 2, Section 12. Supported by organizations such as Human Rights Watch, World Health Organization, United Nations General Assembly. Sexual violence against women & children a problem of “epidemic proportions” in S.A. [Human Rights Watch] Problems with HIV/AIDS. Lack of information sharing & implementation of PEP (PostExposure Prophylaxis). Promotion of Equality & Prevention of Unfair Discrimination Act (2002). Domestic Violence Act (1998). – Independent Claims Directorate criticized police management for a lack of commitment to ensuring that the police fulfilled their obligations under the Domestic Violence Act. [Amnesty International (2004) ] How Effective & Equal Is The Protection Of The Freedoms Of Movement, Expression, Association, & Assembly. Movement S.A. Constitution, Chapter II, Section 21. - Note, right to “enter remain in & reside anywhere in the Republic.” Overcame problems of Apartheid. Certain groups mistreated by police, including those seeking political asylum and undocumented workers. Expression S.A. Constitution, Chapter 2, Section 16. - Includes, “Freedom of the Press.” - “Freedom to receive or impart information or ideas” Many support groups working to promote access and share information about HIV/AID The police Annual Report for the period ending March 2003 recorded a decrease of 5.7 per cent in reported rapes. There were 52,425 officially reported rapes, a third of the estimated actual number. More than 40 per cent of the victims were aged 18 or younger. The conviction rate for rape remained low, at an average of seven per cent. [Amnesty International 2004] What do S.A. think about Freedom of Press? Attitudes Towards Human Rights Among S.A. Youth Survey Conducted on a representative sample of 538 Grade 11 Students in the Johannesburg/Pretoria Region. Asked a variety of questions, including their feelings about certain Human Rights, including sections of Civil and Political Rights. Results of Survey - The students had ambivalent attitudes towards civil and political rights. - Had more positive attitudes towards the freedom of speech and right to lifestyle than the freedom of assembly or the freedom of press. (Van Der Ven, Johannnes A., Dreyer, Jaco S., and Hendrik J.C. Peiterse. "ATTITUDES TOWARDS HUMAN RIGHTS AMONG SOUTH AFRICAN YOUTH." Religion & Theology 7.2 (2000)) How Effective & Equal Is The Protection Of The Freedoms Of Movement, Expression, Association, & Assembly Cont. Protection of Constitutional Democracy against Terrorism and Related Activities Bill. -After criticism by NGOs, the final version of the law increased safeguards against arbitrary arrest and searches and infringements of freedoms of expression, association and assembly. [Amnesty International] Association S.A. Constitution, Chapter II, Section 18. - Includes, “Right to Form a Political Party.” - Some concerns to ANC Domination & overwhelming majority. Public Funding of Represented Political Parties Act (1997). Assembly S.A. Constitution, Chapter II, Section 17. - “Everyone has the right, peaceful & unarmed to assemble, to demonstrate, to picket & present petitions.” Widespread Police Abuse. South Africa: Police Fire on Peaceful AIDS Protestors (2005) [Human Rights Watch] -Prevention & Combating of Corrupt Activities Act (2004). -Some members of the police commit abuses, and deaths in police custody as a result of excessive force remain a problem. The government has taken action to investigate and punish some of those who commit such abuses. [U.S. Department of State: Bureau of African Affairs] Feelings On Corruption In S.A. 56% felt persons in government worked for their own account rather than public interest. 46% thought ‘most’ or ‘almost all’ office bearers were involved in corruption. 41% felt that the level of corruption is increasing. (Camerer, L. “Costly Crimes: Commercial Crime and Corruption in South Africa.” Institute of Security Studies Monograph, 1997.) Corruption -The provincial minister and senior officials in the Department of Health were removed from their positions in August. They were under investigation for corruption, including misappropriation of the province’s 19 million Rand HIV/AIDS budget. [Amnesty International 2004] How Secure Is The Freedom For All To Practice Their Own Religion, Language, Or Culture? S.A Constitution, Chapter 2, Section 15. Backing of UN General Assembly. - Elimination of all forms of religious intolerance. Language barriers & access to information broke down by translation technology. - Promotion of Access to Information Act (2000). -Educational groups, including USAID, promoting access to education by providing materials in 10 different languages. Survey found higher confidence in “Right to Lifestyle” than other rights. How Free From Harassment & Intimidation Are Individuals & Groups Working To Improve Human Rights? The Bill of Rights clearly states that all citizens are to be treated with dignity in all situations, and that in order to be detained their must be a clear and valid reason. Amnesty International is a group that is present all over the world working to improve all human rights, and equality Chapter 2 in the S.A constitution-The Bill of Rights, it clearly states most to all the necessary human rights needed for human sustainability with dignity. S.A Constitution chapter 2-(9.1)Everyone is equal before the law and has the right to equal protection and benefit of the law GEAR (Growth, Employment, and Redistribution) was started in 1995 after the apartheid was ended to help the country strengthen its economic system, and lower its staggering un-employment rate. -Journalists with the independent African Eye News Service in Nelspruit were harassed by officials as a result of their investigations into alleged corruption within the provincial government. In late 2003 police officials in Pretoria instituted an investigation into the failure by local police to act on complaints lodged by the journalists in 2002 of threats and attacks by known criminals. [Amnesty International 2004] What Measures, If Any, Are Being Taken To Remedy Publicly Identified Problems In This Field, And What Degree Of Political Priority & Public Support Do They Have? Alteration of Sex Description & Sex Status Act (2003). Child Care Amendment Act (1998). Sterilization Act (1998). Witness Protection Act (1998). Prevention of Organized Crime Act (1998). Supporting Organizations -World Health Organization. -Human Rights Watch. -Independent Complaints Directorate. -United Nations General Assembly. -Amnesty International Economic & Social Rights By Dion Low & Jenna Rodriquez Introduction As we had concluded with the topic of the civil and political rights, we begin with the economic and social rights in South Africa. We are to explain the health of the population, the basic necessities of life, economic and social programs, education, trade unions, and corporate governance. To what extent is access to work or social security available to all, without discrimination? Since April 2005, South Africa developed an agency called the South African Social Security Agency. This agency was put in place to prevent fraud and to make the system more efficient. Approximately 300,000 people are collecting benefits, but were not entitled to them. So this year, South Africa implemented an amnesty campaign. This would cover the 300,000 people that are not covered. The social security covers about 6.2 million children, disabled citizens, and the elderly. South Africa has a shortage of skilled workers for their booming economy. Deputy President Phumzile Mlambo-Ngcuka created the Joint Initiative on Priority Skills Acquisition (JIPSA). This task force is to identify what are the urgent skills needed and to give advice on how they can be met. JIPSA says that the number one road block to their economic growth was the lack of skilled workers. The lack of workers were due to the repercussions of the apartheid. Now, the citizens are either being trained in South Africa or overseas. The jobs that they had created are not limited to their citizens; Immigrants are welcomed to join in. How effectively are the basic necessities of life guaranteed? South Africa is the most advanced, broad based economy in that continent. Their infrastructure rivals any first world nation. They produce two-thirds of Africa’s electricity, and twenty percent of the world’s gold. Most of their region has abundant of food and water. But, there are still areas that lack these commodities. To what extent is the health of the population protected, in all sphere and stages of life? South Africa’s health care system consist of two sectors. One the smaller, fast growing private and the other the under-funded , over-extended public sector. The private sector caters to the middle and upper class . Also, they cater to the health care professionals. This inequity was due in part to the apartheid. To solve this inequity, they implemented a district based system to have local control. This is to ensure that health care is affordable to all. Now there are 3,500 clinics for the public sectors. At these clinics, free health care is available to pregnant mothers and children under six of age. (CONTINUE) The public sector also are swamped with patients who has AIDS/HIV. This epidemic has drained a lot of the systems resources. The good news is that the data shows that the level of people infected is starting to level off. How extensive and inclusive is the right to education, including education in the rights and responsibilities of citizenship? The ministry of education introduced a new education laws amendment bill. This will provide free education to the poor and to raise the indigenous African language to the same status as English and Afrikaans. The other reforms are to improve mathematical literacy, life skills, wages for teachers, and financial support for students. To ensure that all children are to be educated equally, parents who can not pay for school fees are relieved of that burden. How free are trade unions and other work related associations to organize and represent their members’ interests? Labor relations act of 2002: Created guidelines to protect trade unions. - Unions are able to speak to employees about what they offer as long as they are registered. -Employee has the right to leave work and participate with activities involving the union. Labor Department has created 9 institutions to help nurture sound co-operative industrial relations. Examples include: -Commission for Conciliation, Mediation & Arbitration: Helps settle disputes in the workplace. (CONTINUE) - Advisory Council for Occupational Health & Safety: advises the Minister of Labor on policy matters relating to occupational health and safety and they also work on reducing the amount of accidents and deaths per year. - Employment Conditions Commission: Aims to advance economic development and social justice by regulating the right to fair labor practices. The grade I gave S.A. for this area is a H/High because they have made many changes to ensure that workers are not being discriminated against or taken advantage of. The government has also seen the advantage of having unions/associations that help promote the workers interests and there has been a serious increase in these. (CONTINUE) How rigorous and transparent are the rules on corporate governance, and how effectively are corporations regulated in the public interest? Before Apartheid: there was little foreign investment in South Africa, no foreign product competition, monopolies were kept unregulated, and majority of population is in poverty. The ANC government’s created a program called GEAR to increase economic growth, improve employment rates, and redistribute wealth. Problem: Mining Finance House monopolies were central to the development of capital and money markets. Therefore, they dominated mining and the private sector. Pressures from foreign financial institutions brought on changes. Today, the houses no longer exist and the industry is home to diverse firms and strageties. (CONTINUE) Problem: Corporations like the Mining Finance House used the pyramid structure, which allowed the founder to remain in control even when they no longer had the majority of shares. N-Shares were also used to give the founder most, if not all, control of the company and share holders did not have voting rights. From 1989-1999 companies using these structures dropped from 53 to 16. This was due to investor resistance against companies who used these investments and the market threatened to withdraw support for the company. (CONTINUE) Problem: Majority of population is poverty stricken and unemployed. The government used state owned enterprises (SOEs) are now being used to help place more black South Africans in higher positions, even when sometimes they are not as qualified. The grade I gave S.A for this area is M/Middling because the main goal of improving corporate governance was to help improve the economic growth. The economic performance has improved but, its economic growth has only averaged about 2%. (CONTINUE) 4.7 What measures, if any, are being taken to remedy publicly identified problems in this field and what degree of political priority and public support do they have? 4.6 regarding improvements in corporate governance, the King Code was expected to be enforced by 2002.The King Code is a detailed guide on improving corporate governance. Many companies have willingly changed their structures to accommodate the new requirements Conclusion As we conclude our section of economic and social rights of South Africa, the section on free and fair elections is to begin. Free & Fair Elections By Teresa Moon And Angelo Poulos Introduction There is no way to talk about Free and Fair elections without first knowing what rights are guaranteed to the citizens of South Africa.The legislature that they elect proposes legislation that helps protect their rights and their freedoms. We will explain how much control and say citizens have over the elections and their choice of representatives, we will explain if it fact we can truly call these elections “free and fair” To what extent is appointment to governmental and legislative office determined by popular competitive election, and how frequently do elections lead to change in the governing parties or personnel? The governing party has not changed in the last three elections and the ANC is still in power, but the opportunity to change the party is still available to them. The opposition is weak, but with each election, the official opposition to the ANC changes allowing a possible change in the governing parties. The choice for president is not necessarily the general populations decision, but the choice of who chooses him is theirs. The National Assembly similar to Great Britain’s Parliament is elected to office based on how many votes were cast for a specific party. The seats per province are allocated based on population and the # of seats per party are allocated based on the votes cast for each party. The citizens of South Africa largely have a say in who they want in congress, but don’t have much direct control of electing the president, similar to us electing our president through the electoral college. One of the strengths of a Proportional representation system is that it gives even the smallest of parties the chance to win seats in the parliament as well as the fact that elections happen every 5 years.(Alvarez-Rivera) How inclusive and accessible for all citizens are the registration and voting procedures, how independent are they of government and party control, and how free from intimidation and abuse? In South Africa you can register to vote when you are 16 and officially vote when you are 18 if you are an South African citizen. The main thing that ensures that the elections are free from independent and party control is the Independent Electoral Commission,it is publicly funded and accountable to parliament, but independent of government. The IEC is responsible for dividing the country into voting districts; making logistical arrangements for elections; registering eligible voters; ensuring the smooth running of voting; and counting, verifying and announcing the results of election. You can register at the office of your nearest municipal electoral officer and registering is easy all you need is Apply for registration in person; Be a South African citizen; and Possess a valid bar-coded identity document or a valid temporary identity certificate. These simple requirements allow every citizen to have access to voting. Also to ensure that elections are free and fair voters queue outside their voting station entrance, and their names are checked against the Voters’ Roll as they enter the station. So that voters’ cannot vote twice each voter’s thumb is examined under an ultra-violet scanner for traces of the irremovable ink that is applied to everyone who has voted. (International Marketing Council of South Africa) Elections free from party control, intimidation and abuse cont. Even though the election in 1994 was without incident regarding, hundreds of people died each month in politically-related violence before the polls opened in April, with the highest number of incidents occurring in KwaZulu and Natal between members of the ANC and the Inkatha Freedom Party (IFP). This was some intimidation and abuse, but it was mostly between those two parties and nothing happened on election day. In the first democratic election they also had international observers to make sure the election was unbiased and free and fair. The 1999 elections, for instance, were observed by about 11 000 neutral observers, 369 of whom were from abroad.(International Marketing Council of South Africa) Even with the continuing instability in the KwaZulu-Natal region, the number of deaths resulting from political violence is now only a tenth of what is was in 1993.(Reynolds 268) In other South African countries elections are characterized by ethnic voting, regardless of the issues. Allegiances are stronger than appeals based on politics. South Africa has remained basically free of ethnic conflict after decades of oppression. Allows people to vote freely free of intimidation and total allegiance based on ethnic lines. (Reynolds 273) How fair are the procedures for the registration of candidates and parties, and to what extent is there fair access to them in the media and other means of communication with the voters? The PR system allows parties to compile lists of candidates in a way that reflects the diversity of the population. This feature allows them to be highly ranked in terms of the proportion of women in parliament.(32.8 % in 2004 election) Allows parties to choose candidates who represent the full spectrum of diversity in the region. (Parliament of the Republic of South Africa) As here in the U.S everyone has the right to speak freely to the people, in whatever way they can, but like here the barrier is funding. Here in the U.S we limit funding to the candidates to equal the playing fields a little. In South Africa there is a lack of control over private funding for political parties so this could lead to unequal access to the media and sources of communication. Estimates in the 1999 election were that unregulated secret private funding was 4-1 to public funding. Allows wealthy to “buy” influence and limits the equal value of each persons vote. (Institute for Security Studies) How effective a range of choice does the electoral and party system allow the voters, how equally do their votes count , and how closely does the composition of the legislature and the election of the executive reflect the choices they make? Acronym Name There are many different choices, voting gives # of people in party and gives them the allocated # of seats in the National Assembly and Parliament, they don’t get to vote for each individual candidate, but they at least get to vote for the party. There are 27 parties that they can choose from, that is quite the different amount of choices. As seen in the three last elections in 1994, 1999 and 2004 the opposition has been constantly changing based on the votes cast by the general population and the ANC has the highest percentage of votes with 62.6% of vote, securing 252 of the 400 seats in the National Assembly. So it does correspond with how the people vote. (Alvarez-Rivera) Chart-(Alvarez-Rivera) ACDP African Christian Democratic Party ADM African Democratic Movement AMCP African Moderates Congress Party AMP Africa Muslim Party ANC African National Congress DP Democratic Party DPSA Dikwankwetla Party of South Africa FF-VF Freedom Front FP Federal Party GRP Green Party IFP Inkatha Freedom Party IP Islamic Party KISS Keep It Straight and Simple Party LUSO Luso-South African Party MF Minority Front MP Merit Party NP National Party PAC Pan Africanist Congress of Azania RP Right Party SAWP South African Women's Party SOCCER Sport Organisation for Collective Contributions and Equal Rights UPF United People's Front WI Workers International to Rebuild the Fourth International (SA) WKFP Wes-Kaap Federaliste Party WLP Workers' List Party WRPP Women's Rights Peace Party To What Extent does the Legislature Reflect the social composition of the electorate? How the population votes is how the seats get allocated in the legislature, so if the majority of people vote for one party the majority of the seats will be filled by that party. Voters also do not have to vote for the same party for the National Assembly and their province's legislature, though they can do so if they wish. After making their choice, voters deposit their ballot papers in a sealed ballot box and leave the station. (Alvarez-Rivera) The National Council of Provinces(NCOP)-each legislature nominates ten members to NCOP, it reflects proportion of each political party in the legislature, each province has equal representation, regardless of size or population.(Northwest Province Legislature) To what extent do the political forces in and outside the country accept the electorate votes and the election results? Each election has many observers from the international community to determine whether or not the election was free and fair. The 1999 elections, for instance, were observed by about 11 000 neutral observers, 369 of whom were from abroad The IEC also presides over the elections to make sure they are free and fair. President Bush President Bush responded to a question about free and fair elections in Egypt with this response; “Listen, the definition of free and fair, there's international standards, of course, but people ought to be allowed to vote without being intimidated; people ought to be allowed to be on TV, and if the government owns the TV, they need to allow the opposition on TV; people ought to be allowed to carry signs and express their displeasure or pleasure; people ought to have every vote count. And those seem like reasonable standards.” Response of political forces in and outside country cont. If you go by this standard, if you apply it to the election process in South Africa they allow and have all these freedoms and rights. I would say that since there were international observers at the election and they said it was free and fair and these are president Bush’s standards than by all means I would say that forces inside and outside accept the election results, some may be bitter that the ANC has dominated the political scene, but it was free and fair nonetheless. Also the domestic and international community recognized that a proportion representation system would allow the minorities more say and show that the ANC was not trying to seize power and turn the state into a one party system.(Reynolds 184) What measures, if any, are being taken to remedy publicly identified problems in this field, and what degree of political priority and public support do they have? Overall the elections are pretty routine and well administered, but these are some of the minor problems we found. Some are afraid of voter apathy, South Africa is afraid that elections have become so routine, that people will cease to care or even vote at all, this needs to be addressed in a timely manner, so that they keep that original excitement they had back in April in 1994.One of the major issues is that elections are held right after the Easter holiday and people often were off on extended vacations and decided to vote at other polling stations than the ones where they were registered in their home province. This makes for difficulty in estimating how many people will turn up at each polling station, this makes for extremely long waits and requires some officials to bus people to other polling stations. In some situations election officials were unclear of how to process voters who were trying to cast ballots outside their stations, and occasionally turned people away from stations at which they were not registered. (Piombo) Lack of control of public funding is an ongoing problem that they are trying to address. They are working to tackle these problems right now, but we are not entirely sure what public support and political priority is has. Conclusion Overall after 12 years this country is fairly stable in regards to free and fair elections and has the process has basically become pretty routine, they do have some things to fix, but so do we and we still consider ourselves a democracy. Once Representatives and parties have been chosen we must look at what role and importance Political parties play in in workings of Democracy. Democratic Role of Political Parties By Chris George Gabe Lent 6.1 How freely are parties able to form, recruit members and campaign for office? There are currently sixteen established political parties in South Africa. The largest of these parties is the African National Congress (ANC), which holds 293 seats in the National Assembly. Parties are formed in a freely and in a very democratic fashion. Anyone can join any party as long as they hold similar interests. 6.2 How effective is the party system in forming and sustaining governments in office? Some parties are taken more seriously by the government than others. The ANC, with 293 seats in the National Assembly, would have a much better chance of maintaining a government office than parties such as the New National Party who are not represented in the National Assembly but are still considered an official organization. 6.3 How free are opposition or non-government party to organize within the legislature, and how effectively do they contribute to government accountability? Opposition parties remain robust and vocal in South African parliament. An example of an opposing party organized within the legislature would be the Democratic Alliance. Though they are an opposing party, they have the second highest representation in the National Assembly, holding 47 seats. 6.4 How fair and effective are the rules governing party discipline in the legislature? The rules governing party discipline in the legislature of South Africa are fair to a certain degree. Parties are free to form and recruit members as they please, but will not always be accurately represented in the National Assembly. 6.5 To what extent are parties effective membership organizations, and how far are members able to influence party policy and candidate selection? The African Christian Democratic Party (ACDP) was formed in December 1993 with the aim of representing South African Christians in parliament. It won two seats in 1994 and six in 1999. 6.6 To what extent does the system of party financing prevent the subordination of parties to special interest? On 20 April 2005, the Cape High Court gave judgment, dismissing Idasa’s application to access records of private donations made to the four biggest political parties in South Africa – the ANC, the DA, the IFP and the NNP – under the Promotion of Access to Information Act 2000. Recognizing however that the litigation was brought in the public interest and the importance of the principles of transparency and openness which are at stake, Justice Griesel made no order as to costs. 6.7 To what extent do parties cross ethnic, religious and linguistic divisions? The United Christian Democratic Party (UCDP) was formed by Lucas Mangope, head of the apartheid-era "homeland" of Bophuthatswana. Mangope was among the first homeland leaders to accept so-called independence for his scattered country for the Setswana-speaking people. The UCDP was the only party allowed to operate in the territories under his control. 6.8 What measures, if any, are being taken to remedy publicly identified problems in this field, and what degree of political priority and public support do they have? The new constitution's bill of rights provides extensive guarantees, including equality before the law and prohibitions against discrimination; the right to life, privacy, property, and freedom and security of the person; prohibition against slavery and forced labor; and freedom of speech, religion, assembly, and association. The legal rights of criminal suspects also are enumerated. The constitution provides for an independent and impartial judiciary, and, in practice, these provisions are respected. Government Effectiveness And Accountability: Galina Andreeva Devin Gilbert Is the government accountable to the people and their representatives? Introduction After the fall of apartheid, South Africa began building a system of government aimed at fulfilling its citizens’ needs and wants. Through a system of cooperative government, The Promotion of Access to Information Act, and various checks and balances, the South African government has laid the framework for a better system, and government officials are held accountable for whether or not they adhere to it. To what extent is the elected government able to influence or control those matters that are important to the lives of its people, and how well is it informed, organized and resourced to do so? South Africa has a system of cooperative government. A cooperative government consists of National, Provincial, and local spheres, which operate as distinctive, interdependent and interrelated sectors. They must also adhere to the principles in the constitution. Control and influence of the government over the people and the issues important to them starts at the lower levels and filters upward. Currently the South African government faces some serious problems with resources. There is a shortage of skilled workers, thus the efforts to refurbish or build new stadiums as the government planned are falling through. They have an AIDS weakened army, with up to forty percent of those enlisted infected. (The Economist) How much public confidence is there in the effectiveness of government and its political leadership? Citizens of South Africa show tremendous support towards the ANC led government. The ANC received 70% of the vote in the 2000 elections. The Democratic Alliance Party was the only other to receive a notable amount of votes in 2000. They managed to secure about 12% of the total vote. The majority of people in South Africa are poor blacks. The ANC secured its victory by appealing to this population. Of the DAP’s total votes, only 3% were from the poor black demographic. There is great deal of public confidence in the government as the majority of people in SA voted for it and feel like it is working to better their lives and the well being of the country. Surprisingly, citizens are not discouraged by the high unemployment rates across the entire country. Currently about 27% of South Africans are unemployed, yet despite the ANC’s failure to alleviate the situation, support from the poor black majority is high. (wikipedia.com) How effective and open to scrutiny is the control exercised by elected leaders and their ministers over their administrative staff and other executive agencies? South Africa’s government is supposedly open to scrutiny, with the main branches able to keep one another in check. This is working relatively well, after the apartheid South Africa’s whites gave political power to the ANC. The ANC went along with the premise that mostly white-run capitalism would continue. The Truth and Reconciliation was also a part of this, aimed to trade amnesty for what really happened, in hopes repairing the damage that had been done. People are compromising for the greater good. How extensive and effective are the powers of the legislature to initiate, scrutinize and amend legislature? In the current South African system, to amend the constitution you need the National Assembly, with a supporting vote of at least 75 per cent of its members; and the National Council of Provinces, with a supporting vote of at least six provinces. Without this, the legislation will not pass. Legislation was amended after the apartheid, mainly the harsh segregation laws which restricted non-white groups from voting and getting equal healthcare to the white Africans. Legislation has become more open to scrutiny now, with a system similar to ours or Great Britain’s. www.wikipedia.com How extensive and effective are the powers of the legislature to scrutinize the executive and hold it to account? In the South African system, a system of checks and balances is in place to make sure that no branch of the government overestimates itself. However,claims of corruption within the branches caused for other measures to be taken. Special courts were made to fight corruption and monitor branches of the government’s activities, the legislative and executive included. www.iss.co.za/ How rigorous are the procedures for approval and supervision of taxation and public expenditure? Taxation has become an important issue for South Africa, as they have an economic goal of halving unemployment and poverty by 2014. Because of these aspirations, the government has come under lots to scrutiny to keep it’s taxation and public expenditure focused on the right areas. Approval is a long and difficult process. It is done on a provincial level, with the larger sectors of the government making sure that what is being done is in tune with their policies. This is one of the factors that has helped South Africa grow economically http://concourt.law.wits.ac.za How comprehensive and effective is legislation giving citizens the right access to government information? The Promotion of Access to Information Act was passed on February 2, 2000. The act was intended "To give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights.“ (www.wikipedia.org) It is very unusual for such an act to grant access to private information. The Act has attributed to many success stories in the pursuit for information. For example, “…The South African History Archive used the Act to access lists of surviving Apartheid-era Military Intelligence files, in the process exposing the degree to which these files had been concealed from the TRC.” (www.wits.ac.za) There has also been significant cases of the Act’s failure to deliver access. “The Khulumani Support Group has failed to secure access to government’s draft policy documents on reparations for the victims of gross human rights violations.” (www.wits.ac.za) Problems of the effectiveness of the Act include low public awareness, and that many Documents not available. What measures, if any, are being taken to remedy publicly identified problems in this field, and what degree of political priority and public support do they have? After apartheid ,the South African government enacted many laws and punishments for corruption to hold government officials accountable such as: – A national anti-corruption hotline – A media campaign to raise public awareness about corruption and it’s effects – Courts designed especially to combat corruption – Blacklisting businesses involved in corruption – Regular anti-corruption conferences that bring together all sectors and stake-holders – Legal protection for whistle blowers Public support is quite high for the anti corruption measures, with 43 percent believing it to be very effective and 44 percent believing it was effective. Most people believe that corruption has gone down because of the measures enacted by the government. www.iss.co.za Conclusion Although South Africa’s government is progressing, there are problems which need to be addressed, for example the lack of resources and the AIDS epidemic. For the government to further its progression, they must follow through with and uphold all decisions made, for example The Promotion of Access to Information Act. A system of checks and balances must continue as well, to maintain a balanced sense of power throughout the government. Through this the government can and will be held accountable for the decisions made on the behalf of its people. Civilian Control Over Military and Police Written by: Dominique Brown and Anna Malenkovich Are military and police forces under civilian control?? There is lack of connection between local government and police agencies. Community Police Forums (CPFs) have been designed to give the people a say in the priorities of the police. This has been written into national legislation, but their entry into the system has not been successful. - Rotberg/Mills How effective is civilian control over armed forces?? Civilian control over armed forces is somewhat effective South Africa does not yet have a nonpartisanship which is a dominant factor in civilian control over armed forces It has been difficult for the police to pull away from the negative actions of the past, therefore making it hard for citizens to trust/accept the “new” police force. How publicly accountable is the police for their actions?? ANC- African National Congress South Africa is in need of a more transparent government and for police to have equal consequences as citizens, but because police officials still regularly get input from politicians this makes accountability a serious area of concern Although police have certain standards which they are required to uphold, changes are slow coming Draft White Paper, released in 1998, “proposed that performance against crime, in accountability for expenditure, should be used as devices for holding the police leadership accountable the government” (CSVR). How free is the country from the operation of paramilitary units, private armies, mafias and etc? This country is not very free at all from these other armed organizations Two organizations we found included the Serious Violent Crime Unit (SVC) and the As of 1998, 481 criminal organizations have been noted by the police What measures are being taken to remedy publicly identified problems in this field? The South Africa Police has begun an internal reform initiative. The 1991 strategic plan outlined five specific areas of change: – Depoliticisation/ Restructuring of the police force – Increase community accountability – More visible policing – Establishment of improved and effective management practices – Reform of the police training system (including The National Peace Accord Created in 1991, was a multi-party agreement enacted to address high levels of police violence in the early transition period It introduced a range of structures and procedures including: – – – – – Police Board Local and Regional Police committees Police reporting officers Code of Conduct System of monitors SAPS Act Enacted in 1995, it included: – Restructuring the police service into National Divisions – Creation of National and Provincial “Secretaries” for safety and security, which would advise the political executives in the provinces of police policies matters and would monitor the adherence of the police to new policy. This was motivated by the ANC’s desire to see policy control of the police in civilian hands – Requirement that the National Commissioner of Police should every year publish his plans, priorities and objectives for the year – Creation of “Community-Police Forms” – Creation of “Independent Complaints Directorate” which would receive and investigate public complaints of police misconduct Minimizing Corruption Jill Scantlan and Rebekah Chitsaz Minimizing Corruption Are public officials free from corruption? • What is corruption? • The Corruption Act of 1992 states it is “the abuse of public power for illegitimate or illegal gain or profit. Certain criteria had to be met for it to be considered corruption: • There must be an offer and/or receipt of a benefit; • The benefit must not be legally due; • It must be for a person holding office; and lastly, The purpose for which the benefit is given and/or received, must be to influence a person in the exercise of his/her power to do something or not to do something. This definition prevailed until the Prevention of Corruption Act (2002) was ratified in 2004. The Public Service Anti-Corruption Strategy provides a working definition of corruption as “any conduct or behavior in relation to persons entrusted responsibilities in public office which violates their duties as public officials and which is aimed at obtaining undue gratification of any kind for themselves or others.”  Country Corruption Assessment Report. United Nations Office on Drugs and crime and Department for Service and Administration. South Africa (April 2003): 28 Jill Scantlan and Rebekah Chitsaz Minimizing Corruption Are public officials free from corruption? • Why is corruption significant in assessing the democracy of a country? • It is significant because transparency is essential for a functioning democracy. Public official’s purpose in the government is to uphold the laws and essentially to uphold democracy. When they abuse this power by being influenced by a benefit rather than common law, democracy can not function in its truest form. Thus, the level of corruption a country has can measure how democratic they are. Minimizing Corruption Are public officials free from corruption? • How effective is the separation of public office, elected and unelected, from party advantage and the personal business and family interests of office holders? Existing laws: -Prevention of corruption act of 2002 states that when a public official accepts any gratification from another who is seeking to obtain employment and there is a conflict of interest it is assumed to be corrupt unless evidence is produced. -Conduct of cabinet members and deputy ministers is governed by strict conflict of interest provisions in the constitution. Code of ethics states that public office officials cannot act in anyway that is inconsistent with their office, or expose themselves to any situation involving risk of a conflict between their official responsibilities and private interests ; or use their position or any information entrusted to their enrich themselves or to improperly benefit any other person.  Country Corruption Assessment Report. United Nations Office on Drugs and crime and Department for Service and Administration. South Africa (April 2003): 27  Van Vuuren, HennieNational Integrity Systems Transparency International Country Study Report. South Africa (2005): 32 Problems with implementation: Parliament and the executive bring up two issues pertaining to potential conflicts of interests: -Post-employment restrictions which may lead to a revolving door between business and government. -Increased frequency of lucrative government contracts being awarded to the partners (wives or lovers) of senior officials in national, provincial and local government. There is no legislation or laws specifically restricting this conflict of interest. Examples of corruption: -South African Arms Deal: -$5 billion dollars Strategic Defense Procurement Package was financed in 1999/2000. Deputy President Jacob Zuma’s financial advisor, Shabir Shaik, is the director of Thomson CSF, the French arms manufacturer, which was awarded a contract to supply management technology for four corvette patrol vessels for the South African Navy. He is also the director of African Defense Systems which is a subsidiary of Thomson CSF. Chippie Shaik, Shabir’s brother, is the Chief Director of Procurement in the South African Defense Department and African Defense Systems employs his wife. Shabir Shaik’s company ,Nkobi Holdings, is a shareholder for the African Defense Systems. All of these conflicts of interests show extreme evidence of corruption between private and public interests. - Vuuren: 33 - Slaughter, Barbara. Arms Corruption Scandal Erupts in South Africa. World Socialist Website. International Committee of the Fourth International. March 20, 2000 http://www.wsws.org/articles/2001/mar2001/arms-m20.shtml Minimizing Corruption Are public officials free from corruption? • How effective are the arrangements for protecting office holders and the public from involvement in bribery? Laws: -Corruption act of 1992 abolished the common law of bribery act. This was seen as a mistake because offenders who should have been prosecuted for corruption were prosecuted for charges such as theft or fraud. This made complying with the act and providing proof very difficult. The prevention of corruption bill was ratified in 2004 which reinstated the common law of bribery. -Protection of whistle blowers: This protects people who report or expose corruption. The protected disclosures act of 2000 is binding on both public and private sector organizations. South Africa is one of 7 countries in the world with Legislation protecting whistle blowers.  Country Corruption Assessment Report: 33  Country Corruption Assessment Report: 40-41 Implementation of the law: -Since bribery was not seen as an aspect of corruption in the legislation from the end of apartheid until 2004 we can not look at conviction rates to find evidence of bribery. We are also limited in finding evidence in ISS victim’s surveys because they did not conduct them until 1998.  -From the victim’s surveys it is shown that most of the bribes that were asked for and paid were involving traffic officials. Police were the second group who most often asked for a bribe. It is particularly troubling because the police (SAPS) are the lead agency for reporting corruption cases by the public and business sectors. -It is also worth noting that despite the whistle blower protection laws only 2% of the people who took the victims survey said they had tried to report a corrupt official. The primary reason given (46%) was that it would not have changed anything and the next reason given (27%) was because they were afraid of being victimized. Example of Corruption: -100% of the bribes that were asked for by the traffic officials were paid according to the 2003 victim’s survey. This shows that in this case, (and probably many others) bribery is apart of the way the system is run and the way business is conducted. Accounts of more high profile bribery can also be found, such as in the arms deal, but has just begun to be accounted for because of the recent change in the corruption act. .  Country Corruption Assessment Report: 26  Vuuren: 26-28 Minimizing Corruption Are public officials free from corruption? • To what extent do the rules and procedures for financing elections, candidates and elected representatives prevent their subordination to sectional interests? • Legislation • In 1997, the Public Funding of Represented Political Parties Act No. 103 was established. This act governs the public funding of political parties by managing the Represented Political Parties' Fund, which is credited with money allocated by Parliament and donations from any source. Political parties must account for the money they receive from the Fund. The system has been, for the most part, effective.  • The problem arises with private funding that candidates and elected representatives receive. There is no regulation on where funds comes from and the amount of funds received. According to the National Integrity Systems from 2005, “Private funding is thought to outstrip public funding by approximately five to one, which could create room for private donors to gain unfair advantage over a largely poor electorate.” Although steps have been taken to try to pass legislation to make it necessary for candidates to disclose their sources, the issue still remains.  National Integrity Systems: 42 & 43 Minimizing Corruption Are public officials free from corruption? • To what extent is the influence of powerful corporations and business interests over public policy kept in check, and how free are they from involvement in corruption, including overseas? Laws: -All legislation that deals with corporations provides voluntary compliance only. This sets up a base for ethical standards but with no real accountability or way to regulate corporations. -Promotion of Access to Information Act promotes good corporate compliance. -King report promotes essential elements of discipline, transparency, independence, accountability, responsibility, fairness, and social responsibility and produces king commission reports on corporations that access these elements. -Legislative framework provides extra-territorial jurisdiction over offenses which do business overseas.  Country Corruption Assessment Report: 42  Country Corruption Assessment Report:6 Problems with Implementation: -“investor confidence” is always an issue when governments consider how to govern corporations. Because of the amount of jobs and revenue corporations bring to a country it essentially allows them to be above the law. -The balance between protecting public interests and providing and environment in which businesses are able to flourish is difficult for South Africa (and the rest of the world) because of the amount of power and money corporations have. -It is recognized that the corporate sphere is less regulated and it is suggested that legislative efforts are needed to provide for the inclusion of certain corporate governance measures by the government. Examples of Corruption: -South African Arms Deal: Multinational corporations were partially involved in the deal’s corruption. These include British Aerospace Systems and Thales (the French arms dealer). Along with bribery being involved, an “agency fee” paid to a small South African company that operated as British Aerospace Systems local agent for around 100 million pounds was paid. These companies have been investigated but none have been tried. -The private sector in the 1990’s “picked up the slack” from the state and began to move its interests into crime prevention. It has used a mixture of public and private money for this venture but without accountability legislation the whole “who will police the police” scenario still exists along with the conflicts of interest that are inevitable. Since corporation’s motivations lie solely in profits this institution should not be the source for crime prevention.  Country Corruption Assessment Report: 43  Vuuren: 18  Chasing the rainbow: a survey of South Africa. The Economist. (April 8, 2006): 9. Minimizing Corruption Are public officials free from corruption? • How much confidence do people have that public officials and public services are free from corruption? • According to the Corruption Perception Index, 11 surveys were conducted to measure the confidence of business people and country analysts in South Africa. The scores ranged from 0 – highly corrupt, to 10 – highly clean. The result of the surveys placed South Africa at a rank of #46 among 156 countries analyzed. Their Corruption Perception Index score in 2005 came out to be 4.5 with a confidence range of 4.2-4.8.  • Opinion surveys in recent years have shown widespread public concern over corruption in South Africa, with many believing it actually has been growing worse, a view shared by former Minister of Justice Dullah Omar. In 1997 the international accounting agency Deloitte and Touche estimated total losses from public sector fraud and mismanagement in South Africa at nearly R10 bn ($1.7 bn). The country's lively, independent press regularly features major scandals on its front pages. .  Country Perception Index: 5  UN - Africa Recovery – Combating South Africa’s ‘blight’ Minimizing Corruption Are public officials free from corruption? • What measures, if any, are being taken to remedy publicly identified problems in this field, and what degree of political priority and public support do they have? • In a speech given by Professor SS Sangweni, head of the delegation of the republic of South Africa on National Developments of corruption, Sangweni noted that South Africa has had a long history of corruption. He gave several examples of steps South Africa has taken to reduce corruption within the nation. Such examples are as follows: establishment of the National Anti-corruption Summit for all stakeholders in the country in April 1999, a range of legislation, including legislation that criminalizes corruption, protects whistleblowers and witnesses, provides access to information to ordinary citizens, legislation for special commissions and tribunals, legislation to recover the proceeds of crimes, including corruption, a well as legislation dealing with international cooperation in criminal matters. Also, a global forum in which nations gather to discuss corruption and steps to minimize it is held every two years. South Africa will be hosting the next forum in 2007.   PSC – Speeches – Global Form on fighting corruption The Media in a Democratic State By: Ashley Allen Andrea Frogge Jenn Carter 1. How independent are the media from government, how pluralistic is their ownership, and how free are they from subordination of foreign governments or multinational companies? South African Broadcasting Corporation (SABC) is government owned. The government still limits publications that “endanger the security of the government”, through the Protection of Information Act. Diversity of the broadcasting media is not good, there are four large companies that own the broadcasting world, all of which are owned by mining magnates (white people). Again, the SABC is government owned. Radio is much better, more independent from the government. 1. Continued The Republic of South Africa Constitution States: – (1) Everyone has the right to freedom of expression, which includes • • • • a. freedom of the press and other media; b. freedom to receive and impart information and ideas; c. freedom of artistic creativity; and d. academic freedom and freedom of scientific research. – (2) The right in subsection (1) does not extend to • a. propaganda for war; • b. incitement of imminent violence; or • c. advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm. 2. How representative are the media of different opinions and how accessible are they to different sections of society? Newspapers and Magazines are great representatives of different opinions However it is only accessible to those black South Africans who can read and afford to buy the publications. Other than the SABC (government owned broadcasting), the only independent broadcasting channel is M- Net, which the government has restricted by not allowing news broadcasts. 3. How effective are the media and other independent bodies in investigating government and powerful corporations? The media in South Africa are effective at investigating the government. Most of them cover the same stories which make them more believable it is highly unlikely that they all were able to make up the same story. Proving that the news any form of media covers is true is difficult in any country. 4. How free are the journalists from restrictive laws, harassment by the media? Journalists in South Africa speak their minds freely. There are not restricted by laws They have the freedom to express themselves It is possible for the media to be controlled by the government because so many people were opposing it. If they were controlled by the government there were more sources that praised the government. I also found that if they are able to express themselves so freely they cannot be intimidated or harassed. 5. How free are private citizens from intrusion and harassment by the media? o o o Private citizens are very free from harassment by the media Most of the newspapers are privately owned so they have no government control. Citizens express there opinions freely through media. 6. What measures, if any, are being taken to remedy publicly identified problems in this field, and what degree of political priority and public support do they have? The media has a lot of public support. The people care about the news outlets that they read or watch o In South Africa it is a well known idea that you don’t talk about AIDS and rape but the newspapers but the media express views. o For the newspapers that are government owned they express the government as being great. The Media who is not government owned they express there opinions freely. o o CHART Key Used For Question 5 Chart Ranking between 0 and 3 0- not in English 1- Very free 2- they have a few articles that intrude 3- They intrude on private citizens Key Used For Question 6 Chart Ranking between 0 and 3 0- not in English 1- little solutions being made 2- few solutions being made 3- everything possible is being done CHART NAME TYPE 5. 6. Beeld Newspaper 0 0 Die Burger newspaper 0 0 Business Day newspaper 1 2 Business Report newspaper 1 2 Cape Argus newspaper 1 2 Cape Business News Magazine 1 2 Cape Times newspaper 1 2 Carletonville Herald newspaper 0 0 Channel Africa TV 0 0 The Citizen newspaper 1 2 City Press newspaper 1 2 City Vision newspaper 1 2 Cxpress newspaper 1 2 Daily Dispatch newspaper 1 2 Daily News newspaper 1 2 District Mail newspaper 1 2 Eikestad Nuus newspaper 1 2 Financial Mail newspaper 1 2 Gordon's Bay and Strand Herald newspaper 1 2 CHARTS NAME TYPE 5. 6. Herald Newspaper group newspaper 1 2 The Herald newspaper 1 2 Hermanus Times newspaper 1 2 Llanga newspaper 1 2 Independent Newspapers newspaper 1 2 The Independent on Saturday newspaper 1 2 Independent News and Media newspaper 1 2 Kormarant newspaper 1 2 Bushveld News newspaper 1 2 The Lowvelder newspaper 1 2 Mail and Guardian newspaper 1 2 The Mercury newspaper 1 2 Metro Burger newspaper 1 2 Mirror newspaper 1 2 Natal Witness newspaper 1 2 News24 newspaper 1 2 Paarl Post newspaper 1 2 The Peoples Post newspaper 1 2 Port Elizabeth Express newspaper 1 2 The Post newspaper 1 2 CHARTS NAME TYPE 5. 6. Pretoria News newspaper 1 2 Q Internet 1 2 Radio Oranje Radio 1 2 Rekord newspaper 1 2 SABC News TV 1 2 SAHorseracing.com newspaper 1 2 SocietyNews Internet 1 2 The Sowetan newspaper 1 2 Sporting Post newspaper 1 2 The Star newspaper 1 2 The Sunday Independent newspaper 1 2 Sunday Times newspaper 1 2 Sunday Tribune newspaper 1 2 Supersport Internet 1 2 Tswhane Eastern News newspaper 1 2 Tyger Burger newspaper 1 2 Vaal weekly newspaper 1 2 Die Volksblad newspaper 1 2 Zululand Observer newspaper 0 0 Conclusion Media Freely express views to the public SABC is government owned and main news broadcast in South Africa Reliable because they cover same stories. Political Participation Andy Riahi & Fabini Bassale Introduction While 65% of the world’s citizens say that their country is not run by the will of the people, a poll shows that 59% of the South Africans believe they are ruled according to their wishes – the highest score of the 68 % countries surveyed. This situation has been made possible thanks to the pretty high political participation of voluntary associations, citizen groups and social movements in South Africa, who constantly attempt to improve the political conditions and impact the government’s policies and decisions. Introduction To help you understand the full political participation in South Africa, our presentation will explain at first its causes, then its manifestations and finally, we will finish our discussion by describing the struggles that the different political actors face nowadays in any voluntary public activity in the country and the measures taken to overcome them. Furthermore, through the entire study, gender equity will be a focus particularly at the political level. Causes of the political participation There are several causes that explain the good participation of the populations in the political life. Some of them are: the constitution, the press, the judiciary system, political parties, and the push for gender equity. The constitution SA constitution is regarded as the most progressive in the world, with a Bill of rights second to none. The constitution declares human rights and freedoms. Those rights (freedom of expression and association, political and property rights,…) are taken very seriously by citizens. That shows that the constitution allows peoples to associate. Therefore, they can meet to discuss the government or try to improve populations situations without fear. The press South Africa's press is less restricted than any press in Asia, the Middle East or South America - and among a handful of the most free in Africa. That explains the impact that the media and different associations have upon the government and its policies. SA judiciary system South Africa has an independent judiciary, subject only to the Constitution and the law. That is a good point for the political participation in the sense that the government cannot detain some people for having “said” some things. The judiciary system will make then some reparations. SA political parties. South Africa has a vibrant multiparty political system, with 16 parties represented in parliament. The African National Congress is the majority party in the National Assembly and controls eight of the country's nine provinces. But opposition parties remain robust and vocal. Those parties represent the different citizens groups that exist in the country. Therefore, one could well say that almost all points are represented in the SA push for equity The push for gender equity has allowed women to be part of not only the volunteering associations but also of the government. With almost a third of MPs, nine Cabinet ministers and eight deputy ministers being women, South Africa ranks eighth in the world for women's representation in government. But the social and economic battles for gender equity are far from won, despite several new laws with a direct bearing on the quality of women's lives. Characteristics of the participation The political participation in SA is pretty good. Indeed, looking at the 2004 year the percentage of eligible people to vote who actually voted was 56% The number of voluntary associations, citizen groups or social movements is important. Indeed, those organizations focus on improving the conditions of life of populations on several aspects of human life. For example, we have: farmers groups that defend their land rights. Characteristics of the participation Volunteering makes an important economic contribution to society. Its contributions were estimated between eight to fourteen percent of the Gross Domestic Product (GDP). Citizen participation is an essential element of good governance and development. Volunteering contributes towards a more cohesive, stable society because it is a key means by which individuals articulate their engagement as citizens. Voluntary actions build trust and reciprocity among citizens Characteristics of the participation volunteering provides crucial learning opportunities and leadership development for those who volunteer. The act of volunteering itself is a form of civic participation that creates a learning ground for a wider range of civic engagements. volunteering is about partnership Volunteering involves an exchange for mutual benefit, and it demands respect for all the parties involved. Through volunteering we give expression to our shared humanity and sense of community. And that is the current situation in SA. Characteristics of the participation When it comes to women and participation in the government, a surprising characteristic was found which stated that a little over 30% of women held seats in both the upper and lower houses in the government. Which is substantially more than most other countries. Struggles and difficulties The gender equity is not fully perfect. Indeed, as far as the stature of the typical citizen in public office, it seems that the well-educated and more prestigious man like any other country is brought into office. For example the president of the African National Congress Thabo Mbeki is the typical university graduate and radical reformist is now leading South Africa. Deficiencies in service delivery to communities and therefore a need was identified to examine where we currently stand regarding delivery of services to the poor and how service delivery can be improved. This is being solved by the Community Development Workers (CDWs) Protection of the child's rights to develop his or her full cognitive, emotional, social and physical potential. This is being solved by Early Childhood Development Struggles and difficulties Comprehensive services, including health and social services, by formal and informal caregivers in the homes. This is being solved by the Home/Community-Based Care program. Finally, The National School Nutrition Programme targets schools in poorest regions, especially in rural and farm areas and schools serving learners from informal settlements. Female service-providers are given priority as it is acknowledged that women have become heads of households in poor families and providers for extended and foster families. Wherever possible, skills-development initiatives are implemented in food-production activities such as food gardens and small bakeries. Conclusion In this presentation, we explained the causes of the high political participation in South Africa. – The constitution of South Africa – The press in South Africa – South Africa’s judiciary – South Africa political parties – South Africa’s push for equity Conclusion We also described how the political participation is manifested currently through the different groups and associations: – Looking at the 2004 year the percentage of eligible people to vote who actually voted was 56%. – High number of voluntary associations, citizen groups or social movements – A little over 30% of women held seats in both the upper and lower houses in the government Conclusion However, those associations face difficulties: – Refinement of the political priorities by the government – Allowing diversity by allowing women in the Houses and thus permitting them to hold more seats. Government Responsiveness Adam Lopez & Ariel Cerrud Public Consultation & Access System in Place— Public Service Commission Sole duty is to “enhance excellence in governance within the public service by promoting a professional and ethical environment and adding value to a public 12.1 How open and systematic are administration that is accountable, equitable, efficient, effective, corruptionthe procedures for public consultation on government policy free and responsive to the needs of the and legislation, and how equal is people of South Africa.” (PSC) the access for relevant interests to government? Public Consultation & Access Cont. Evaluation— The PSC and it’s partnerships with other governmental agencies leads us to believe that South Africa does have a a wide range of system in place where it’s citizens can access and consult on government policies. However, the 12.1 How open and systematic are commission itself does note that much the procedures for public progress still needs to be made on “the consultation on government policy number of capacity challenges that still and legislation, and how equal is exist,” to implement policies & strategies. the access for relevant interests to government? Access To Officials Evaluation— 12.2 How accessible are elected representatives to their constituents? Although we found that basic contact information is easily accessible online, we tend to assume that technological knowledge and access, especially for South Africa’s most disadvantaged, is not equal across the board. We do note however that access to elected officials does seem to occur most often through social organizations & groups. Access To Officials Cont. Evaluation— 12.2 How accessible are elected representatives to their constituents? Our research also indicates that although much work has been done to create systems & rights of access for all citizens of South Africa, many still are misinformed or lack the necessary information to actively participate & access elected representatives. (FCR 2004) Public Services Evaluation— Our research shows that compared to apartheid times, the ANC work has positively affected the standards of living for SA’s population. The overall standard of living has improved, where homes and 12.3 How accessible and reliable basic necessities are reaching more and are public services for those who more citizens. And although not all aspects of the work is perfect, citizens need them, and how do seem to voice their concerns & systematic is consultation with problems to local leaders. users over service delivery? Public Services, Cont. Evaluation— Our research also shows that for accessibility & reliability to increase in the public service areas, SA must further develop their economy and further develop their service delivery methods to 12.3 How accessible and reliable the point where they are not “negatively are public services for those who affected by insufficient allocation of finances for the upkeep of strategic need them, and how systematic is consultation with public assets.” (UNDP 2003) users over service delivery? Government Confidence Evaluation— 12.4 How much confidence do people have in the ability of government to solve the main problems confronting society, and in their own ability to influence it? Studies & polls indicate that confidence on the government is indeed quite high among South Africans. The Markinor survey indicates that “71% [of South Africans] believe that government is generally performing well.” These numbers were noted by President Thabo Mbeki at this years State of the Union speech signaling so level of influence. Remedies Evaluation— Much of the government, their respective representatives and many of the citizens of South Africa seem to be determine to remedy much of the problems found within the field of government responsiveness. From references in the 12.5 What measures, if any, are State of the Union address, to work done being taken to remedy publicly by groups such as the Parliamentary identified problems in this field, Monitoring Group, acknowledgements and what degree of political priority that work needs to be done is out there. and public support do they have? Conclusions Our analysis indicates that much of the structure for government responsiveness exist throughout South Africa. The South Africa Constitution required examination of elected officials and their respective offices. The problem however lies in the lack of information & knowledge of these systems. South Africa. Until South African’s base knowledge of their respective rights improves, problems will continue to exist in regards to this subject. Decentralization Jennifer Smith & Kollin Roberts What is being decentralized? The government Land use and natural resources The decision making process from a centralized government to the local government and communities Decentralization Situation in South Africa The decentralization process is progressing but very slowly The lingering effects of the old Apartheid system are affecting the slowness of decentralization Actual transfer of power is one of the sticky points to decentralization in action Key points of success of decentralization in the government Government Increased Provinces – From 4 to 9 – Each with individual legislatures Lower levels of government getting involved, but only to a certain degree. • Local governments have limited autonomy • They only have limited authority to make laws that promote decentralization Non-Government Organizations (NGOS) are key for decentralizations on the local level. http://www.anc.org.za/images/maps/s amap.gif Problems with decentralization in the government Decentralization failed because of the African National Congress (ANC) – ANC is majority party and makes all decisions Little Budget Management on Local Level – Funds are not available for local use. – Communities need funds from outside sources There is very little accountability on the part of the government. – No government oversight – No guarantees that decentralization orders will be in effect Cities like Johannesburg & Cape Town are hampering the decentralization process Decentralization of land & natural resources The goal is to develop local governmental institutions – It is imperative that these local governments are given power and authority in order to make changes The problem is that private interests are what are controlling natural resources in South Africa (i.e.: religious groups, chieftains, service projects) – Because they are often held unaccountable – If held accountable, it is usually an upward process, leading back to the central authority Natural resources are key to everyday life, therefore it is important for local government organizations to retain control Ways of improving the decentralization process Increased participation by the population in local public decision making. Transfer responsibilities from central government to variety of local institutions. Transfer of power from non-governmental authorities to representative officials. Structured democratic reforms must take place – Support and work with democratic reforms Empowering authorities who are downwardly accountable Conclusion Decentralization can be completed but it will take time South Africans need to unite with on another and hold the government accountable Government needs to be willing to share power – For the good of the country – To help heal old wounds from the era of Apartheid International Dimensions of Democracy Brandon Sears Justin Sagami The overall question: Are the country’s external relations conducted in accordance with democratic norms, and is it itself free from external subordination? How free is the governance of the country for subordination to external agencies, economic, cultural or political? South Africa is one of the 50 wealthiest nations in the world, and therefore it is economically independent. The people of South Africa are free from subordination and are protected by the constitution. Politically South Africa has worked hard to make its government free from the apartheid and has set up a good way of keeping itself free from outside rule. To what extent are government relations with external donors based on principles of partnership and transparency? For the most part the South African government has very good and open relationships with external donors. There is an issue with illegal arms deals and some government officials have been involved. There were also scandals involving members of the ANC who gave contracts to companies which benefited them personally. To what extent does the government support UN human rights treaties and respect international law? South Africa was one of the original 51 members in the United Nations, and even though it was suspended due to its apartheid government it was accepted back in 1994 and is actively participating in all aspects of the UN. South Africa was very involved in things like the Summit Meetings and was crucial in the making of the Millennium Declaration. South Africa respects the United Nation’s human rights treaties and the international laws to the fullest extent. http://www.dfa.gov.za/foreign/Multilateral/inter/un.htm To what extent does the government respect its international obligations in its treatment of refugees and asylum seekers, and how free from arbitrary discrimination is its immigration policy? South Africa has a lot of refugees already in the country from war stricken countries like Zimbabwe, Congo, and Burundi. There are more and more refugees trying to enter the country everyday and South Africa must restrict how many people are allowed to be let into the country. They are looking for skilled workers to be able to work and contribute to the community and the country. The government is encouraging the refugees inside South Africa to return home and are helping them to do so. South Africa has great laws protecting refugees but in reality the police abuse and extort refugees. http://hrw.org/english/docs/2005/11/17/safric12039.htm How consistent is the government in its support for human rights and democracy abroad? The government fully supports the human rights acts as they too have a constitution and bill of rights that protect the SA citizens from official’s abuses jus as we do in America. The government enforces the human rights in order for South Africa to keep its young democratic society running without failure because they know that democracy runs through the people that it governs. Although government is trying hard to abide by the human rights, many citizens still suffer from abuse by federal officials from police men. What measures, if any, are being taken to remedy publicly identified problems in this field, and what degree of political priority and public support do they have? A major public problem is that of the refugees and asylum seekers entering and waiting to be accepted into the country. The Department of Home Affairs takes care of all of the applications and is basically overwhelmed with applicants. They have insufficient staff and equipment which makes it difficult to process all of the information and they are very backed-up. The government isn’t doing much to try and remedy the situation besides helping to send many refugees back to their home countries. This doesn’t seem to be a priority to the government and the public is suffering from the overcrowded cities and high unemployment rates. Conclusion Overall, South Africa is internationally developing and learning how to act democratically. For the most part South Africa is free from external subordination and is an independent nation. As far as relations with the UN it is very good and respects all of the international laws. The main problem has to do with refugees and asylum seekers trying to get into South Africa. There are some problems in the process and the treatment of asylum seekers and the government isn’t doing much to resolve it. For the most part South Africa is doing a good job with its human rights and is democratically sound and developing. Final Conclusion to Democracy Survey South African democracy may not match our idea of an ideal democracy, but each individual country has their own way of attaining this goal at their own pace and by their own means. Sources Section 1: Works Cited http://www.paralegaladvice.org.za/docs/chap01/0 4.html http://www.polity.org.za/html/govdocs/constitutio n http://www.skillclear.co.uk/sa/citizenshipExempti ons.asp http://www.constitutionalcourt.org.za/uhtbin/cgisi rsi/Fov41cnDJe/0/57/518/0/J-T20320-02 http://www.constitutionalcourt.org.za/uhtbin/cgisi rsi/ahPTtckhbJ/0/57/518/0/J-CCT12-03 http://www.cia.gov/cia/publications/factbo ok/geos/sf.html#People Section 2: Sources "south African government information." 15 Oct 2004. 5 Jun 2006 <http://www.info.gov.za/aboutgovt/ju stice/structures.htm>. South Africa alive with possibility. 5 Jun 2006 <http://www.southafrica.info/ess_info /sa_glance/constitution/>. Section 2: Sources (cont’d) "South Africa independent media centre." 5 Jun 2006 <http://southafrica.indymedia.org/>. "chasing the rainbow." The economist 08 Apr 2006: 1-10. “BBC news.” 5 Jun 2006 <http://bbc.com> Section 3: Works Cited Amnesty International http://web.amnesty.org/report2004/zaf-summary-eng Camerer, L. “Costly Crimes: Commercial Crime and Corruption in South Africa.” Institute of Security Studies Monograph, 1997 Human Rights Watch http://hrw.org/doc/?t=africa&c=safric U.S. State Department: Bureau of African Affairs http://www.state.gov/r/pa/ei/bgn/2898.htm Van Der Ven, Johannnes A., Dreyer, Jaco S., and Hendrik J.C. Peiterse. "ATTITUDES TOWARDS HUMAN RIGHTS AMONG SOUTH AFRICAN YOUTH." Religion & Theology 7.2 (2000) Section 4 Work cited Oman, Charles P., ed. Corporate Governance in Development. Washington DC: CIPE, 2003. The South African Department of labour. Unknown. 2004. South African department of labour. 5-22-06 www.labour.gov.za/. South Africa: Alive with Possibilities. Big Media Publisher. 5-22-06. International Marketing Council of South Africa. www.southafrica.info/ . Section 5 Work Cited Alvarez-Rivera, Manuel. “Election resources on the Internet:The Republic of South Africa Electoral System” Election Resources on the Internet. 22- 05-06. http://electionresources.org/za/system/ Alvarez-Rivera, Manuel. “Election Information & Statistics” Election Resources on the Internet. 22-05-06 Cummings, Richard “A Diamond is Forever:Mandela Triumph, Buthelezi and de Klerk Survive, and ANC on the U.S Payroll” International Journal of Intelligence and counterintelligence, summer 1995. http://www.namebase.org/diamond.html Institute for Security Studies. “Who Funds Who, money in South African Politics” 22-05-06. http://www.whofundswho.org.za/problem/index.htm International Marketing Council of South Africa. “Independent Electoral Commission” South Africa, Alive with Possibility. 22-05-06. http://www.southafrica.info/ess_info/sa_glance/constitution/iec.htm Section 5 Work Cited Cont. International Marketing Council of South Africa “Government in South Africa”. 22-05-06. http://www.safrica.info/ess_info/sa_glance/government/gov.htm Northwest Province Legislature. “The National Council of Provinces” Provincial Legislature. 22-05-06. http://www.nwpl.gov.za/in_perspective%5Cthe_national_council_o f_provinces.htm Parliament of the republic of South Africa “Your Representatives in Parliament” Parliament of South Africa. 22-05-06. http://www.parliament.gov.za Piombo, Jessica. “Politics in a Stabilizing Democracy: South Africa’s 2004 Elections” Strategic Insights, Volume III, Issue 5(May 2004). http://www.ccc.nps.navy.mil/si/2004/may/piomboMay04.asp Reynolds, Andrew. Electoral Systems and Democratization in Southern Africa. New York: Oxford University Press,1999. Section 7: Work Cited Cockett, Richard. Chasing the Rainbow: A Survey of South Africa." The Economist 08 April. 2006: http://concourt.law.wits.ac.za http://www.iss.co.za/Pubs/Monographs/No65/Chap6.html http://en.wikipedia.org/wiki/Freedom_of_Information_Act#South_Africa http://www.wits.ac.za/saha/publications/FOIP_1_2_HarrisHatang.pdf Section 8: Work Cited Rotberg, Robert and Mills, Greg. War and Peace in South Africa. Washington D.C: Brookings Institution Press, 1998. Rauch, Janine. “Police Reform in South Africa’s Transition.” 2000. Center for the Study of Violence and Reconciliation. http://www.wits.ac.za/csvr/papers/papsaiia .htm “South Africa.” Britianica, Volume 27. Chicago, 2005. Pages 913-914. Works Cited • Cockett, Richard. "Chasing the Rainbow." The Economist 6 Apr. 2006. 29 May 2006 <http://www.economist.com/surveys/displaystory.cfm?story_id=5678229>. • Vuuren, Hennie. National Integrity Systems Transparency International Country Study Report. Cape Town, South Africa: Institute for Security Studies, 2005. 18+. 29 May 200 <http://www.ipocafrica.org/pubs/reports/NatIntSysStudy.pdf>. • Country Corruption Assessment Report. United Nations Office on Drugs and Crime. South African Government, 2003. 6+. 29 May 2006 <http://www.info.gov.za/otherdocs/2003/corruption.pdf>. • Sangweni, SS. Speech. South African Public Service Commission. Global Forum on Fighting Corruption and Safeguarding Integrity II. 30 May 2001. 29 May 2006 <http://www.psc.gov.za/docs/sp/2001/sp0530.html>. • Transparency International Corruption Perception Index 2005. Transparency International. 2005. 5. 29 May 2006 <http://www.un-ngls.org/cso/cso10/corruption.pdf>. • Harsch, Ernest. United Nations. Department of Public Information. Africa Recovery. Africa Mounts Drive Against Graft. 29 May 2006 <http://www.un.org/ecosocdev/geninfo/afrec/vol13no4/8corrupt.htm>. • Slaughter, Barbara. "Arms Corruption Scandal Erupts in South Africa." World Socialist Web Site. 20 Mar. 2001. International Committee of the Fourth International (ICFI). 29 May 2006 <http://www.wsws.org/articles/2001/mar2001/arms-m20.shtml>. Section 11: Bibliography SouthAfrica.info reporter Section 12: Work Cited 12.1 South Africa. Public Service Commission. State Of The Public Service Report 2006. Arcadia: 2006 Page 64 South Africa. Foundation For Contemporary Research. Good Local Governance: Case Studies From The Western Cape. 2004 http://www.fcr.org.za/publications/casestudies/GLG.pdf Page 7 12.2 City of Johannesburg. 2006. City Councillor, Johannesburg, South Africa. 31, May 2006. <http://www.joburg.org.za/unicity/councillor_list.stm> 12.3 Oxford. United Nations Development Programme (UNDP). South Africa Human Development Report 2003. http://www.undp.org.za/NHDR2003/NHDRSumFull.pdf South Africa. Markinor. Press Release: Voice of the People. 2006. 31 May 2006. <http://www.markinor.co.za/press_31.html> 12.4 Thabo Mbeki. “State of the Union Address.” South Africa Parliament, Cape Town. 3 February 2006 http://www.parliament.gov.za/pls/portal/web_app.utl_output_doc?p_table=speeches&p_doc_col=speech&p_m ime_col=mime_type&p_id=628865 South Africa. Markinor. Markinor is quoted by President Thabo Mbeki. 2006. 31 May 2006. http://www.markinor.co.za/press_30.html 12.5 South Africa. Parliamentary Monitoring Group. About the PMG. 2006. 31 May 2006 http://www.pmg.org.za/ Thabo Mbeki. “State of the Union Address.” South Africa Parliament, Cape Town. 3 February 2006 http://www.parliament.gov.za/pls/portal/web_app.utl_output_doc?p_table=speeches&p_doc_col= speech&p_mime_col=mime_type&p_id=628865 Bruce, David. “Staggering Under the Burden: ICD policies on the receipt of complaints and on investigations and their negative impact on the ICD, on public confidence, and on police discipline.” Centre for the Study of Violence and Reconciliation. 2006. 31 May, 2006. <http://www.csvr.org.za/papers/papbru10.htm> Section 13: Work Cited The Economist, Chasing the Rainbow, A Survey of South Africa, April, 2006 Ribot, Jesse C., World Resources Institute, Democratic Decentralization of Natural Resources, 2002 Heller, Patrick, Politics and Society, Moving the State: The Politics of Democratic Decentralization in Kerala, South Africa, and Porto Alegre, 2001 Section 14: Works Cited “South Africa: Asylum Seekers Encounter Abuse.” hrw.org. 17 Nov. 2005. 31 May 2006. <http://hrw.org/english/docs/2005/11/17/safric12039.htm>. 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