Elections
| Pages | 55-86 |
| Author | J. Bodenstein |
| Date | 01 January 1997 |
| Published date | 01 January 1997 |
| DOI | 10.10520/EJC34828 |
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Elections
Jobst Bodenstein *
Introduction
The first democratic national elections in South Africa conducted during 1994
revolved mainly around ideals: disencumbering a nation from the hegemony
of the apartheid system, tolerance, nation-building, inculcation of a human
rights culture and the democratisation of all spheres of governance.1 For the
fledgling democracy to evolve and reach maturity, elections should transcend
beyond such ideals or lofty notions, becoming a ‘normal’ event, entrenched
as a means of expressing political choices.2
In this chapter the main focus will be on preparations for this country’s
first ‘normal’ general elections in 1999, the main issues affecting perceptions
and fundamental rights of the electorate and the positioning of the main
political players.
Election Issues and Public Perceptions
Over a period of five years the country’s citizens had been the benefactors of
government policies aimed at translating basic constitutional principles into
the delivery of services, affirmation of previously disadvantaged groups and
at achieving economic prosperity for the country and it’s citizens. The main
public issues, which emerged in anticipation of the second national and
provincial elections during 1999, differed substantially from those which
dominated the 1994 elections, both in regard to their direction and in their
degree of generality. Prior to the 1994 elections, political parties engaged the
electorate in considering a variety of general socio-economic and political
programmes and in ideals aimed at healing and redress of a deeply divided
* BA (Stellenbosch) LLB LLM (Natal), Attorney of the High Court of South Africa,
Director of the Law Clinic of the University of North West.
1 J Bodenstein (1996) ‘Elections’ SA Human Rights Yearbook 1996 : 78.
2 K. Nyatsumba, The Mercury 9 December 1998.
Jobst Bodenstein
56
nation. With the hindsight of five years of government, ruptures and
realignments in opposition politics, more specific issues had emerged.
Crime
Affecting all ethnic groups and classes of society, crime probably constituted
the most publicised of all issues. Despite a dramatic decline (23%) in political
violence and in the annual number of murders, between 1994 and 1998,3 the
level of violence and murder was still unacceptably high. Other violent crimes,
such as assaults (12%) and reported rape (18%), as well as common robbery
(68%) and highjackings of trucks (40%) increased unabated,4 while
gangsterism remained a prevalent problem among poorer communities, most
notably in the Western Cape, Eastern Cape and KwaZuluNatal.5 The
publicity generated by syndicated crimes, especially in regard to drug-
trafficking, cash-in-transit heists, minibus-taxi warfare, as well as vehicle
thefts and hijackings, instilled much fear amongst society. The international
linkages of many of the syndicates may have exacerbated the xenophobic
intensity against foreign residents from other bparts of Africa (eg Nigeria) and
the Orient.
Total number of crimes reported rose steadily by 8% from 1994 to 1998, 6
but the conviction rates showed a decline eg. rape convictions decreased
15% from 1993 to 19967. A reported survey in 1998 conducted only in the
Southern Metropolitan Council area of Johannesburg, claimed that only
0.25% of rape perpetrators were eventually convicted.8 The resulting erosion
of public confidence in the investigating and prosecuting authorities, fuelled
by emotional and unsubstantiated, but highly sensationalised press reports,
should be weighed against the inordinate problems experienced by these
authorities in transforming their organisations, resulting in a spate of
resignations, understaffing, disputes over overtime pay and high work loads.
The perennial debate revolving around the reimposition or not of the death
3 A decrease from 3794 (1993) to 470 (1997) Business Day 9 October 1998.
4 Fast Facts September 1998: 8, S.Af. Institue of Race Relations; South African
Survey 1997/1998, Market Research Africa: 34.
5 During November 1997, some 18% of the respondents in these provinces had been
victims of gang-related violence, South African Survey 1997/1998, Market
Research Africa: 37.
6 Fast Facts September 1998: 8.
7 South African Survey 1997/1998, Market Research Africa: 34.
8 Survey by a Non-Governmental Organisation (NGO) CIETafrica. In response the
police and prosecuting authorities claimed that up to 50% of rape victims failed to
lay a charge, The Citizen 10 October 1998.
Elections
57
penalty was predictably revived by politicians.9 The inclusion of such polemic
in an electioneering manifesto is indicative of ignorance of the Right to Life in
the Constitution10 and of the Constitutional Court’s interpretation of such
right in S v Makwanyane.11 In the latter decision the Constitutional Court
judges unanimously found the death penalty to be unconstitutional. The
politicisation of the death penalty is, even more importantly, contrary to the
pronouncement by the High Court that “the issue of the constitutionality of
capital punishment cannot be referred to a referendum, in which a majority
view would prevail over the wishes of the minority.”12
The killing of more than 600 mainly white farmers during the preceding five
years13 and a reported increase by 72% in such crimes during the first half of
the year, received extensive press coverage, eliciting threats of mass rolling
action14 and the resorting to15 self-action. Claims by farmers that the attacks
on farms were politically and racially motivated16 were refuted by President
Mandela. In apportioning the blame between normal criminal activity and
socio-economic circumstances of farm workers, Mandela exhorted farmers to
rather address the working-and living conditions of farm workers as a
prerequisite to the fight against farm murders.17
Fear of excessive powers in hands of government
Despite President Mandela’s assurances that the Constitution was
sacrosanct,18 other African National Congress (ANC) leaders had reportedly
suggested that the constitutional guarantees which perpetuate white wealth
and influence should be removed.19 These mixed signals raised fears that the
ANC was striving to gain a two-thirds majority, which would empower them
to limit basic rights and to embark on it’s stated intent to reduce the powers of
the provinces.20 From the ANC’s point of view it was, however, important to
strengthen the government’s capacity to continue on it’s programmes of
9 The Inkatha Youth Brigade decided to embark on a massive campaign. The Mercury
21 September 1998.
10 Section 11 of the Constitution, Act 108 of 1996.
12 Chaskalson P, in the Makwanyane case: 431.
13 Die Volksblad 15 October 1998.
14 Die Beeld 16 September 1998.
15 Die Volksblad 15 October 1998.
16 Finance Week 76(34) 27 August to 2 September 1998: 50.
17 Die Beeld 12 October 1998.
18 The Mercury 8 December 1998.
19 The Mercury 12 November 1998.
20 Finansies en Tegniek 20 November 1998; The Citizen 4 December 1998.
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