Gaye Davis in parliament
THE huge task of writing the country’s new constitution began in earnest this week as political parties squared up against each other in sometimes acrimonious debate, spelling out their vision for the document which will become the supreme law of the land.
Deputy President Thabo Mbeki rejected the notion of continued power-sharing entrenched in the constitution, saying the party which won the majority of votes in 1999 should form the government. Support for the ANC’s position that coalitions be voluntary came from the Pan Africanist Congress’ Richard Sizani.
National Party member Andre Fourie accused Mbeki of “closing the door on negotiations”. In addition to entrenched power-sharing, the NP wants enshrined the principles of subsidiarity — power devolving to the lowest level of government capable of carrying it out — and asymmetry, where not every province gets the same powers and functions.
The ANC wants regional and local powers subjected to what Mbeki described as “the need for national uniformity”. While traditional leadership would be recognised and protected, in a democracy their demands could not take precedence. He warned against “the Balkanisation and fragmentation of the country when we discuss the devolution of powers to lower levels of government”.
Consitutional Affairs Minister Roelf Meyer said continued multiparty participation at all levels and in all structures of government would prevent any abuse of power and serve the best interests of the nation as a whole.
Accusing the NP of hypocrisy, the PAC’s Patricia de Lille said: “They are the very same people who used a unitary state very effectively to oppress us all these years.”
The ANC wants proportional representation maintained, but has left the door open for constituencies to help close the gap between people and elected representatives.
The Freedom Front’s Corne Mulder argued for Afrikaner self-determination within an area or areas where they formed the majority — what FF leader General Constand Viljoen has called “an engine room” of Afrikaner culture with its own radio stations, schools and universities and where Afrikaans is the official language. Members of “other nations” could also live there if they chose.
An attempt by the IFP to insist that international mediation settle its regional demands — promised to it in terms of a pre-election agreement — and take place as part of the constitution-making process was given short shrift by the ANC’s Johnny de Lange.
A committee comprising Meyer, his deputy and senior ANC negotiator, Valli Moosa, and Correctional Services Minister Sipho Mzimela has been appointed to negotiate with the IFP. De Lange said on reaching agreement they would report back to parliament, but “under no circumstances” would this process be allowed to hold up parliament or the constitutional assembly.
African Christian Democratic Party leader the Reverend Kenneth Meshoe said the constitutional principle forbidding discrimination on grounds of sexual orientation should be scrapped as it promoted homosexuality and was against family values, African culture and biblical teachings. “To build a family, Adam needed Eve, not Steve,” he said.
As the parties skirmished, a huge campaign to involve the public in the process geared up. Constitutional assembly chairman Cyril Rama-phosa told the plenary session that tentative agreement had been reached with banks on printing information on bank-machine slips and supermarkets had agreed to do the same on till slips. Weekends will see constitutional assembly members addressing forums in townships, villages, informal settlements and farms. Internet surfers will also be able to dip into the constitutional debate.
Six 30-member theme committees started work this week and will hear submissions on the character of the democratic state, the structure of government, the relationship between levels of government, fundamental rights, the judiciary and specialised structures of government. Members were this week already doubting that they would meet their deadlines.
The new constitution has to be written by May 1996. Any extension would need all seven parties in the constitutional assembly agreeing to amend the interim constitution, which lays down two years for creating a new one.