The prospects for a free and fair election being held peacefully in South Africa on 4 November seem good.

Preparations are in hand; the IEC is satisfied with the submission of candidate nominations by the parties and individuals who wish to contest the election at municipal level. It has successfully resisted litigation concerning the late submission of nominations. More parties and more candidates than ever before will contest the municipal elections with a welcome addition of more young candidates and young voters than ever before. These are all indications of the good health of constitutional democracy in SA.

On the last occasion that the nation voted, for the May 2024 national and provincial elections, the ANC amassed 40% of the votes cast for the National Assembly. This turnout was achieved with support from only 16% of the possible votes which signifies a large stayaway contingent among registered voters.

One of the features of free and fair elections in SA is that it is not compulsory to cast a vote or even spoil a paper. Being free not to vote appears to appeal to too many people in SA, some of whom have not even bothered to register. None of those who choose not to participate can justifiably complain about the quality of government at local level or the failures in service delivery which cast a blight on the land. Local government is the level of government at which most service delivery takes place. Those who govern at this level are supposed to protect and promote the human rights of all.

One of the aims of the constitutional dispensation in place is to encourage active citizenship. The public administration is required by law to respond to people’s needs and “the public must be encouraged to participate in policy making”.

(Section 195(1)(e) of the Constitution). At local government level, far too many public servants appear to be oblivious to these requirements of the law and regard themselves as the employees of the elected councillors rather than responsible to the voting public. Now that SA is entering the realm of coalition government, this shortcoming needs to be addressed.

It is estimated by those who study local government that more than 100 of the municipal councils that emerge after the vote will require a coalition, due to the fact that no party will be able to gain the magical majority of 50% plus one seats in councils around the country.

No longer

Polling results, which are not predictions of the outcome on voting day, indicate that even at local level, SA is no longer what political scientists call a “dominant party state”. After the votes have been counted, there will be a flurry of negotiations in hung municipalities during the three week the law allows before a new mayor must be elected by all councils, including those in which no single party emerges with the necessary “50% plus one”.

Recent polls conducted by credible organisations suggest that support for bigger parties is in the following ranges as at the date of each poll during the last year or so:

ANC 31% to 38%: down from 45.59% in the previous municipal elections held in 2021;

DA 28% to 22%: up from 21.62% in 2021

MK was not formed in 2021; its latest range of polling is 10% to 15%

EFF 7% to 13% compared to 10.32% in 2021

The IFP and FF+ each command less than 5% in the polls collated by Wikipedia.

Much can change between now and election day.

Those who do choose to vote are spoilt for choice. SA aims for a form of governance in which the guiding values are openness, accountability and responsiveness in a multi-party democratic order.

The state is obliged to respect, protect, promote and fulfil the various human rights and freedoms guaranteed to all in the Bill of Rights.

Rules of the game

All councillors elected and all public servants appointed ought to be aware of the rules of the game as contained in the Pledge document prepared by Accountability Now.

1. We will promote and maintain the highest standards of professionalism and ethics in all we do in our official capacity, with ubuntu and Batho Pele as our ever-present watchwords. [C 195 read with policy and the spirit of the Constitution (C)]
2. We will strive without end for the most efficient, economical and effective use of resources, including human resources, in our places of work. [C195]
3. We will at all times remain development-oriented in our work in the public administration. [C 195]
4. We will act impartially, fairly, equitably and without bias in our provision of services to the people in South Africa, forever showing responsiveness to their needs as communicated to us through the public participation processes in place. [C 195 read with C 33]
5. We will act accountably, by always explaining our actions reasonably and by justifying our decisions properly. [C 195 and C 1]
6. We will, within the limits of the law, provide the public with timely, accessible and accurate information in the interests of transparency in all we do. [C 195 read with C 1 and C 32]
7. We will cultivate good human resource management and career development practices so that human potential is maximised, on the basis that the public administration remains broadly representative of the South African people. [ C 195]
8. We will respect, protect, promote and fulfil the rights guaranteed to all in the Bill of Rights. [C 7(2)]
9. We will at all times uphold the foundational values of the Republic as they apply to human dignity, equality and freedom; the advancement of non-racialism and non-sexism; the supremacy of the Constitution and the rule of law; responsiveness to peoples’ needs and openness in the public administration. [ C 1]
10. We will, in our loyal execution of the lawful policies of the government of the day, be forever vigilant to ensure that we act in a manner consistent with the Constitution, its values, tenets and principles. [ C 197 read with C 2].  We will, in particular, procure goods and services in accordance with a system that is fair, equitable, competitive, transparent and cost-effective [ C 217 ] and perform our obligations diligently and without delay. [ C 237 ]

In offering this pledge, we affirm our belief that South Africa belongs to all who live in it, united in our diversity. We further affirm that we are working ceaselessly to build our multi-party, democratic and open society in accordance with the rule of law, so as to reflect the resolve of the nation to live in peace and harmony, to be free from fear and want, and to seek a better life, thus earning its rightful place for South Africa in the family of nations.”

Pledge

As can be seen from the references in it, the pledge is based on the tenets of the Constitution and ought to form the basis of all activities in the newly formed local government structures after the elections are held.

The councillors elected are obliged to swear an oath or affirm their fealty to the Constitution.

Voters ought to be astute to cast their votes for those who take the values of the Constitution seriously and have entered politics to serve the people by adhering to the content of the pledge set out above. All too often, and particularly at local level, people enter politics as a means of enriching themselves as quickly as possible, often without regard to the rules in place which are summarised in the pledge. Seek out candidates who are inspired to render faithful service to the public rather than board the gravy train to which Archbishop Tutu witheringly referred, when the new SA dawned back in 1994.

Voters who vote sensibly and strategically rather than out of possibly misplaced loyalty are better able to seek out candidates who measure up to the requirements of public office. The popular vote by active citizens (not passive subjects) ought to be a properly informed vote. Those who vote with due regard for the qualities of the candidates they support will be rewarded with improved delivery of services and greater adherence to the values of the Constitution.

When Thabo Mbeki was still president, his biographer recorded his fears in 2007 thus:

“Zuma and his backers had no respect for the rule of law, and would be unaccountable to the constitutional dispensation the ANC had put in place if they came to power. There was also the worry of a resurgence of ethnic politics, and – given his support from the left – that Zuma’s leftist advisors would undo all the meticulous stitching of SA into the global economy that Mbeki and his economic managers had undertaken over 15 years.” – The Dream Deferred, p xli.

A descent into kleptocracy was avoided when Zuma was forced from office by his then political party, the ANC, and its allies in 2018. His new party, the MKP formed in 2023, is now the third-largest party in parliament, and is fielding candidates in the municipal elections for the first time.

Abstention disqualifies

The electorate gets the politicians it deserves. Those who do not vote cannot complain, their abstention disqualifies them. Those who wish a pox on all politicians and all political parties should at least spoil their ballots rather than remain passive observers of the kind of future that so worried Thabo Mbeki in 2007.

Ours is a participative democracy under the rule of law; it is up to each and every voter to ensure that it remains so.

Many sacrifices were made to put the franchise for every adult citizen in place in SA. Some fought for this freedom and even died for it; others were wounded, and many more suffered in many ways to get to the negotiated constitutional dispensation that allows every voter to vote on election day. It is not too much to ask.