Thank goodness the election campaign is over and we can all now exercise our civic right and duty to vote. Some of us have been having some difficulty in making up our minds about who to vote for, but staying at home is not an option. Vote we must. As the IEC posters says: if you do not vote you do not have a right to complain.
Having said that I have to say: sadly this election campaign has not focused sufficiently on the real issues facing the people of South Africa.
I would have loved to see parties talk more about poverty and unemployment, service delivery, the vast gap between rich and poor, racism, sexism and homophobia and the steps that need to be taken to ensure that the human dignity of every South African is respected and protected.
Opposition parties spoke often about the Constitution and the need to “defend” the Constitution against the alleged abuses of the ANC. And although some remarks by Mr Zuma about our Constitution was deeply troubling and the decision of the NPA to drop charges against Mr Zuma perhaps illegal, it is sad that not more was said about the fact that the Constitution is about far more than the NPA and its dropping of charges against Mr Zuma.
The Constitution also enjoins the state to take steps to eradicate the injustices wrought by past discrimination. It also contains a set of social and economic rights which guarantees for everyone the right of access to housing, health care, water, education and social assistance and places a duty on the state to take reasonable steps to realise these rights.
Has this happened? Will it happen if any other party is in power? I wish I knew the answers to these questions.
True constitutionalists do not pick and choose which aspects of the Constitution they like. Constitutionalism is a complete package and if we talk about defending the Constitution we should also talk about ensuring a better life for the most marginalised and vulnerable in our society.
This, of course, cannot happen when corruption and nepotism takes hold – and only time will tell if the ANC will follow through on its election promise to weed out corruption in word AND DEED.
So, tomorrow I will step into the polling booth deeply conflicted. In any case, my vote is my secret and who cares in any case who I vote for.
So, I will not be endorsing any party for the election (as if it would matter).
All I can urge all readers of this Blog is to go and and to vote and, when they do so, to consider which party comes closest to embodying the values enshrined in our Constitution.
It’s a tough call.
But it is our duty to vote and it is also a celebration of our democracy. So whomever you decide to vote for, do it with joy in your heart with the knowledge that – as Barack Obama said during his election campaign – “we are the change we have been waiting for”.
Happy election day!


What happened to the Soccer Party? More dreads in parly would have been my vote….
I m voting for the ANC WOMENS LEAGUE!
Thanks, Prof, for all of the input and effort, and for your willingness to take flak (and dish it out). I might take you on at another time about some other constitutional issues (I think the CC has made four dreadful legal and logical blunders in its time, but that is anotehr subject), but I applaud your insight and courage in these matters.
I have really appreciated being informed and challenged by the excellent debate and discussions.
And as we go to vote, even with our differences, let us all celebrate the fact that we can do this together. Let’s make the day a good one, and appreciate all of the people who are there with us.
Prof, we all KNOW you’re going to vote for the KISS party…
Folks enjoy your voting day. It is a privilege to live in a democracy and to vote, cherish it.
Prof, this portrays your sentiments:
http://www.mg.co.za/cartoons/21apr09xzapiro.gif
George – The Blue’s indeed. I could even make a tune that fits the song – would like to know what tune Zapiro had in mind.
Nevertheless – yes – I did go and vote earlier. Took me only an hour from being last to being first. And my vote’s my secret, although I must confess, I did not vote for the Keep It Straight and Simple party, and a few others because, like Evita said on some Nando’s adds, “Everyone knows, you can’t have just ‘A and C’?!” (I just love the latest Nando’s adds with poor ol [or young] Julius – and then he’s got the guts to say that he wants to be paid ‘royalties’!… As if stupidity has copyright vested in it.) … Now I’m just sitting on the dock of the bay, wasting time, watching the tide come in, and I wonder …
Those who haven’t gotten out to vote – go, vote, you have until 21h00 sharp, and this is not a ‘pass-book curfew’, but a plea to everyone with a dream that things may stilll come right, to go and vote. If you don’t like any of the parties on the ballot, vote for the one you think might more or less meet with your expectations if it comes to power – you can always start your own political party next week. Happy election day! Happy democracy! I hope within the next few years we would be able to say: Happy victory for constitutionalism and the rule of law!
This is what it is all about
http://www.news24.com/News24/Elections/News/0,,2-2478-2479_2505268,00.html
And, this is what it shouldn’t be all about
http://www.news24.com/News24/Elections/News/0,,2-2478-2479_2505334,00.html
Anonymouse .. Just wondering about JZ comment on not having changed the Constitution ..? Amendment 14 if i have it correct … maybe he is confused between the constitution and the bill of rights ..?
Go an vote my fellow Saffas, and savour the privilege of universal suffrage. Enjoy your day folks!
I am not voting, because there is no non-trivial chance my vote would make any difference to the outcome, even on the local level.
In fact, on a cost-benefit analysis, it is always irrational to vote — if the number of voters is in the tens of thousands or more. I would guess there is a statistically better chance of being killed in a car-accident on your way to the voting station than there is of your vote tipping the balance.
Michael – That may be true – but compare the following (though I don’t think we’re quite there yet – and I’m plagiarizing an e-mail here):
1645 – 1 x vote gave Oliver Cromwell control of England;
1649 – 1 x vote led to the demise (by execution) of Charles I;
1776 – 1 x vote caused English to be the language in the US, instead og German;
1845 – 1 x vote brought Texas into the Union;
1868 – 1 x vote saved US Pres Andrew Johnson from impeachment;
1875 – 1 x vote changed France from a monarchy to a republic;
1876 – 1 x vote swung the Presidency of the US into Rutherford B Hayes’ lap;
1923 – 1 x vote made Adolf Hitler leader of the Nazi party.
I also believe you do not have the right to criticise government if you did not exercise your right to vote (albeit for a minority party). You still have an hour or so – and there are a lot of voting stations in your close proximity. Go VOTE!
Eliz – You’re of course correct. The biggest show of force using a two-third majority to bludgeon a change of Constitution and an Act of Parliament through, in the process ‘Gerrymandering’ Provincial (and Municipal) borders happened before the last local Govt elections. Now, yes now that the ANC saw that the people might just turn against them, they have started changing it all back – Merafong, Khutsong, … They might just fool two thirds of the poll into voting for the party again – and use the two thirds to effect the change – but then again, if they are in charge who say’s they will LISTEN to the voice of the people?!
Anonymouse:
They speak English in the US? That’s not what Professor Higgins says! And just exactly what is wrong with German?
All day long I’ve been telling everybody I came across – even perfect strangers – to please do their civic duty and vote. Michael, I’m crushed. Please say you don’t mean what you said. At my little voting station in Sedgefield there was a long queue, something I didn’t see the last couple of times.
Clara – nuttin wrong wit German. By the way Enry Iggins knew nutting about the English language – like a Queen (or King) should speak it. But hey, perhaps Michael astonished us all and went out to vote?
Mouse, you are being a trifle mischievous in citing narrow margins of various legislative chambers, where the “electorate” numbered in the hundreds.
Take another look at my post — I spoke of the statistical irrelevance of any single ballot where there are tens of thousands, or more, voters.
Also, Mouse, I disagree one has no right to critique the ruling party if one did not vote.
I would scorn the stupidity of Bush, or the savagery of Saddam, without ever voting for or against either of them.
Well, 50 k votes are enough to get a seat in parliament (someone verify this, please). 50 k of 23 million voters is rounded 0.21 %.
Suggest that there is the statistically insignificant 0.21 % of Michaels who decided not to vote, thinking their vote does not make a difference. They are significant enough to cost a seat in parliament.
I don’t think you only have a right to criticise if you vote. I’m not a fan of democracy myself (shock, shock, horror, horror). It’s a rigged system and you are forced to make a choice between very fixed choices. Voting does not mean that you support the system and not voting is not a rational or effective way of protest. Like the history of other democracies has shown, not voting (or spoiling votes) merely means that the Zumas and Bushes of the world find another way to get in power, mandate from the masses or not.
Everyone has their constitutional rights like freedom of speech and freedom of expression. Criticising government falls under these and does not result from exercising good citizenship.
Garg, I am not sure I follow your reasoning, but to the extent it is based upon a suggestion that my non-vote, aggragated with the non-votes of another 49,999 like-minded people, could “make a difference” as to one seat, I beg to differ.
That would follow only if there was some causal connection between my non-voting, and the decision of the other 49,999.
There is. of course, no such connection.
You don’t need a causal connection. All you need are 50 k people who are registered to vote and don’t go and vote. There needs to be no causal link between those people or for their reasons not to go and vote.
My reasoning does not represent the relationship between non-voters. It illustrates that the seemingly negligible amount of 0,21% of voters is enough to make the difference of 1 seat in parliament. Of course this requires all of the 0,21 % to vote or not to vote for the same party, but that small amount of voters is enough to give a party one more seat or to cost another party a seat, even if it were spread even thinner.
You don’t need a causal link between the straws that break a camel’s back. If you have enough straws, you’d break the camel’s back. It’s the last straw that breaks the camel’s back.
Garg Unzola, we are at cross-purposes.
The question I raised was whether it was rational for me, personally, individually, to go out and vote. I take it that you agree that there is no statistically significant chance that my own vote would make any difference to the outcome.
Of course it is true that if a significant of other people thought like me, that could well make a difference.
Eliz,
I wonder why people have been so quiet on that issue. Zuma lied to all the people who were watching tv during his address by saying tht the ANC has never amended the Constitution. This is a lie as they have amended it more than 14 times last time I checked. Maybe he meant the Bill of Rights.
However, something tells me that his was an intended “error”. He wanted to fool the listeners about the statement and at the same time have an opportunity to explain away his “mistake” had someone decided to take him on for the statement. He got away with it and unfortunately people who are not privy to the information that the ANC has chopped and changed the Constitution at least 14 times to date have been left with the lies ringing in their ears.
Michael,
Nice argument you have there and you seem strong so I will merely appeal to your conscience as opposed to taking you on. John Philpot Curran or Edmund Burke, the statement cannot be traced with sufficient certainty and be attributed to either, once said this;
“Evil prospers when men people do nothing.”
Michael,
Sorry, here is the correct quote;
“Evil prospers when good men do nothing.”
Sne, the problem is that, if my argument is correct, then for me to cast a single vote, which I know will be diluted in a vast electoral sea, is indeed to do “nothing” of any effect.
A single vote then is a matter of subjective individual expression, not an act with any instrumental value.
I suppose this is why civil society activists will sometimes emphasise “direct” aciton, like protests, strikes, mass education, even litigation, etc., as a more effective alternative to the electoral process.